In this 2015 photo provided by Laura Bettis, her son Marshall Cabe, right, takes a self-portrait of himself and his brother Phillip Cabe in Houston, Texas. The brothers were among five killed in a Hawaii plane crash in May. They were about to go skydiving when the single-engine plane crashed soon after takeoff. Their parents are suing the skydiving tour company. The lawsuit was filed Monday, Aug. 8, 2016, so that the parents can find out why the plane's engine failed.
HONOLULU (AP) — The parents of two Oklahoma brothers who were among five people killed in a Hawaii plane crash filed a negligence lawsuit Monday against the skydiving company that owned the single-engine aircraft.
Marshall and Phillip Cabe were about to go skydiving in May when the Cessna crashed and burned soon after taking off from a Kauai airport.
"This lawsuit is going to hopefully find out why the engine failed," said Honolulu attorney Rick Fried, who filed the case in state court against D&J Adventures Inc.
Company owner David Timko declined to comment.
Pilot Damien Horan and skydiving instructors Enzo Amitrano and Wayne Rose also died in the crash.
Witnesses told National Transportation Safety Board investigators the plane was 150 feet in the air when it made a sudden right turn, descended and hit the ground.
The brothers had both graduated from college recently, and their father Michael Cabe was giving them the joint skydiving trip as a present, Fried said.
The father, a general contractor on Kauai, ran to the burning wreckage and tried to pull them out while administering CPR.
Marshall Cabe, 25, was an athlete who played rugby, soccer and softball, Fried said. His brother Phillip Cabe, 27, was an artist who painted and played piano and guitar. He was in the Air National Guard and had deployed to the Middle East.
The brothers graduated from Cameron University in Lawton, Oklahoma, in December.
They had a close bond, their mother Laura Bettis, a bank manager in Oklahoma, said through tears.
"They were just out of college. They had their whole lives ahead of them," Fried said. "The father witnessing this. You can't imagine what he went through having seen that. It was just horrific."
D & J AIR ADVENTURES INC: http://registry.faa.gov/N2007X
FAA Flight Standards District Office: FAA Honolulu FSDO-13
Accident occurred Monday, May 23, 2016 in Hanapepe, HI
Aircraft: CESSNA 182, registration: N2007X
Injuries: 5 Fatal.
This is preliminary information, subject to change, and may contain errors. Any errors in this report will be corrected when the final report has been completed. NTSB investigators either traveled in support of this investigation or conducted a significant amount of investigative work without any travel, and used data obtained from various sources to prepare this aircraft accident report.
On May 23, 2016 about 0922 Hawaiian standard time, a Cessna 182H, N2007X, was destroyed when it impacted terrain shortly after departure from Port Allen (PAK), Hanapepe, Hawaii. The pilot and four passengers were fatally injured. The airplane was registered to, and operated by, D & J Air Adventures, Inc., as a 14 Code of Federal Regulations (CFR) Part 91 flight as a part of the skydiving flight operation. Visual meteorological conditions prevailed for the flight, and no flight plan filed. The local flight originated from PAK at about 0921.
Multiple witnesses reported that shortly after takeoff, about 150 feet above ground level, the airplane made a sudden right turn, descended, and impacted terrain. A post crash fire ensued.
After the on-site documentation, the wreckage was recovered to a secured facility for further examination.