F22 Lawsuit

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    lln-0217oo 2002329 MKD\seIN THE CIRCUIT COURTOF COOK COUNTY. LLINOISCOUNTY DEPARTMENT- LAW DIVISION

    ANNA HANEY, as PersonalRepresentativeftheEstateof JEFFREYHANEY, deceased,Plaintiff,

    THEBOEINGCOMPANY,a corporation;LOCKHEEDMARTIN CORPORATION;HONEYWELL NTERNATIONAL, nc.,acorporation;ndPRATT& WHITNEy adivisionof TINITEDTECHNOLOGIESCORPORATION.Defendants.

    COMPLAINT AT LAWCOUNT

    Plaintiff, ANNA HANEY, as PersonalRepresentativef the Estateof JEFFREyHANEY, deceased,omplainingof defendant, OCKHEED MARTIN CORpORATION.(hereinafter LOCKHEED"), states:

    l. On or beforeNovember 16,2010,LOCKHEED designed,manufactured,distributedandsold anF-22RaptorAircraft to theUnited StatesGovernment.

    2. TheF-22 RaptorAircraft and ts life supportsystems nd enginebleedair system,weredesigned,manufactured, istributedand soldpursuant o general,performance-onlycontractswith theUnited StatesGovernmenthatdid not containspecificdesignspecifications.

    3. LOCKHEED was givencomplete atitude n thedesignand selectionof the life

    r { _r-J

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    Ior approupport systems and engine bleed air system necessary and/performance equirementof the United StatesGovernment.

    priate to meet the

    4. On November 16, 2010, plaintiffs decedent, EFFREY HANEY, was operatingthe aforesaidF-22 Raptor aircraft from, and in proximity to, Joint Base Elmendorf-Richardson,Alaska.

    5. On November 16, 2010, while operating in Alaska, the F-22 Raptor aircraftoperatedby plaintiff s decedent, EFFREY HANEY crashedand he was killed.

    6. On November 16, 2010 and at the time the F-22 Raptor aircraft left the control ofLOCKHEED, it was unreasonablydefective n that:

    a. it was designed, manufactured, distributed and sold with an OnboardOxygen GeneratingSystem("OBOGS"), EnvironmentalControl System("ECS"), andother life supportsystems hat did not safely or properly provide breathableoxygen to thepilot operating he akcraft;

    b. it was designed,manufactured,distributed and sold with the dangerousand defective propensity to supply the pilot with oxygen contaminated by harmfulelementsand compoundsby the OBOGS, the ECS and the engine bleed air system;

    c. it was designed,manufactured,distributed and sold in a dangerousanddefective condition that ignored the known life support systems failure modes andoxygen contamination modes that were known to LOCKHEED but were not known tothe pilots or maintainersof F-22 Raptor aircraft.

    d. it was designed,manufactured,distributed and sold in a dangerousanddefective condition that ignored the numerous failures, faults and malfunctions of theengine bleed air system, ncluding but not limited to overheat conditions and bleed aircontamination,suchthat the enginebleed air is not suitableto supportthe OBOGS, ECSand other life support systemsof the F-22 Raptor aircraft and these conditions were

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    known to LOCKHaircraft;

    t were not known to the pilots or Imaintainersof F-22 Raptore. it was designed,manufactured, distributed and sold in a dangerousand

    defective condition that did not account for known failure modes and did not protectcritical life support systems from the impact of bleed air system failures, faults andmalfunctions;

    f. it was designed,manufactured, distributed and sold with dangerousanddefective ife supportwarning sensors hat were inadequateand unreliable;

    g. it was designed,manufactured, distributed and sold with dangerousanddefective instructions as therewas nothing to alert pilots or maintainersof the failures ofthe life supportsystems,which were known to LOCKHEED;

    h. it was designed, manufactured,distributed and sold with dangerousanddefective ife supportsystemwarningsas here were none;

    i. it was designed,manufactured,distributed and sold with a dangerousanddefective oxygen backup system that did not automatically provide life support orbreathableoxygen to the pilot in the event of a malfunction;

    j. it was designed,manufactured,distributed and sold with a dangerousanddefective backup oxygen system which could be activated only manually, and whosemanual activation mechanism was located underneathand behind the pilot, in an areaimpossible for a pilot to reach while he or she maneuvered he sophisticatedaircraft atspeedsexceeding he speedof soundand while he or she experienced orces many timesthe force gravity;

    k. it was designed,manufactured,distributed and sold with a dangerousanddefective life support systerns hat did not take all reasonablesteps o provide the pilotswith redundancygiven the known history of OBOGS, ECS andother life supportsystems

    oEEDbu

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    failures.7. As a direct result of one or more of the aforesaiddefectsof the F-22 designed,

    manufactured, distributed and sold by LOCKHEED, plaintiffs decedent, JEFFREY HANEYwas killed on November16.2010.

    8. JEFFREY HANEY left surviving him as his next of kin, ANNA HANEY, hiswife; AVA HANEY, his minor daughter;STELLA ROSE HANEY, his minor daughter,as wellas any additional heirs or next of kin entitled to compensationunder the Wrongful Death Actchosenby the Court.

    9. ANNA HANEY is the Court Appointed PersonalRepresentativeof the EstateofJEFFREY HANEY, deceasedand she brings this cause of action Pursuant to the IllinoisWrongful Death Statute,740 ILCS 180/1,et seq. and/or any similar Act deemedapplicablebythe Court.

    WHEREFORE, plaintiffl ANNA HANEY, as PersonalRepresentativeof the Estate ofJEFFREY HANEY, deceaseddemands udgment against defendant, LOCKHEED MARTINCORPORATION in an amount n excessof the minimum amount required for jurisdiction in theLaw Division of theCircuit Courtof Cook Countv. llinois.

    COUNT IISurvival Action/Product Liabitity - LOCKHEED MARTIN CORPORATIONPlaintiff, ANNA HANEY, as Personal Representative of the Estate of JEFFREY

    HANEY, deceased, complaining of defendant, LOCKHEED MARTIN CORPORATION,(hereinafter LOCKHEED"), states:

    I' On or before November 16, 2010, LOCKHEED designed, manufactured,distributedand sold anF-22 Raptor aircraftto the United StatesGovernment.

    2. The F-22 Raptor aircraft and its life support systemsand enginebleed air systemwere designed, manufacfured, distributed and sold pursuant to general, performance-only

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    oStatesGovernmontracts ith theUnited ent that did not containspecific designspecifications.3. LOCKHEED was given complete latitude in the design and selection of the life

    support systems and engine bleed air system necessary and/or appropriate to meet theperformance equirementof the United StatesGovernment.

    4. On November 16, 2010, plaintiff s decedent, EFFREY HANEY, was operatingthe aforesaidF-22 Raptor aircraft from, and in proximity to, Joint Base Elmendorf-Richardson,Alaska.

    5. On November 16, 2010, while operating in Alaska, the F-22 Raptor aircraftoperatedby plaintiff s decedent,JEFFREYHANEY crashedand he was killed.

    6. On November 16,2010 andat the time the F-22 Raptoraircraft eft the controlofLOCKHEED, it wasunreasonablydefective n that:

    a. it was designed, manufactured, distributed and sold with an OnboardOxygen GeneratingSystem("OBOGS"), EnvironmentalControl System("ECS"), andother life supportsystems hat did not safely or properly provide breathableoxygen to thepilot operating he aircraft;

    b. it was designed,manufactured, distributed and sold with the dangerousand defective propensity to supply the pilot with oxygen contaminated by harmfulelementsandcompoundsby the OBOGS, the ECS and the enginebleed air system;

    c. it was designed,manufactured, distributed and sold in a dangerousanddefective condition that ignored the known life support systems failure modes andoxygen contamination modes that were known to LOCKHEED but were not known tothe pilots or maintainersof F-22 Raptor aircraft.

    d. it was designed,manufactured, distributed and sold in a dangerousanddefective condition that ignored the numerous failures, faults and malfunctions of theengine bleed air system, ncluding but not limited to overheatconditions and bleed air

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    ocontamination,such that the enginebleed air is not suitable oto suppot the OBOGS.ECSand other life support systemsof the F-22 Raptor aircraft and these conditions wereknown to LOCKHEED but were not known to the pilots or maintainersof F-22 Raptoraircraft;

    e. it was designed,manufactured, distributed and sold in a dangerousanddefective condition that did not account for known failure modes and did not protectcritical life support systems from the impact of bleed air system failures, faults andmalfunctions:

    f. it was designed,manufactured, distributed and sold with dangerousanddefective ife supportwarning sensors hat were inadequateand unreliable;

    g. it was designed,manufactured, distributed and sold with dangerousanddefective nstructionsas therewas nothing to alert pilots or maintainersof the failures ofthe life supportsystems,which were known to LOCKHEED;

    h. it was designed,manufactured, distributed and sold with danqerousanddefective ife supportsystemwarnings as there were none;

    i. it was designed,manufactured,distributed and sold with a dangerousanddefective oxygen backup system that did not automatically provide life support orbreathableoxygen to the pilot in the event of a malfunction;

    j. it was designed,manufactured,distributed and sold with a dangerousanddefective backup oxygen system which could be activated only manually, and whosemanual activation mechanism was located underneathand behind the pilot, in an areaimpossible for a pilot to reachwhile he or she maneuvered he sophisticatedaircraft atspeedsexceeding he speedof soundand while

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