SAN DIEGO — The families of Camp Pendleton Marines killed in an Osprey helicopter crash in 2022 filed a wrongful death lawsuit Thursday in San Diego federal court.
The lawsuit targets the manufacturers of the Osprey, not the U.S. Marine Corps.
“We are living with this fear hanging over us that this could happen to another family, it could happen again,” said Amber Sax, whose husband Capt. John Sax was one of the five Camp Pendleton Marines killed two years ago when their Osprey V-22 crashed in the desert near Glamis during routine training.
“This was a ordinary normal Wednesday. I kissed him in the morning and said goodbyes like I normally do. I packed him snacks the night before. It was just an ordinary day. I wasn't worried,” said Sax.
Killed in the crash were Capt. Sax, 33, Capt. Nicholas Losapio, 31, Cpl. Nathan Carlson, 21, Cpl. Seth Rasmuson, 21, and Lance Cpl Evan Strickland, 19.
“I heard a knock on our front door and I opened it. There were four Marines and one Navy chaplain standing there. That's when I knew that they were coming to tell me,” said Sax.
The wrongful death lawsuit alleges deceptive practices and systemic failures by the manufacturers of the Osprey: Bell Textron, Boeing, Rolls-Royce.
Los Angeles attorney Tim Loranger represents the families.
“What caused the crash of Swift 11 was a mechanical failure,” said Loranger.
A military investigation found the cause of the crash was a clutch failure, but the root cause of the clutch problem remains unknown.
“We've had two crashes since Swift 11, Japan and Australia. To the extent that those might be somehow have a common thread we don't know yet. But that is too many,” said Loranger.
Boeing and Bell said they cannot comment on pending litigation. Rolls-Royce did not respond to CBS 8’s request for comment.
Plaintiffs are seeking unspecified monetary damages.
Sax said she’s not interested in seeing the Osprey grounded.
“We are an Osprey family. John loved to fly the Osprey. I want to be able to take my kids to an air show someday and still see them flying and say that's what your father flew. However, I want them to be safe,” said Sax.
The U.S. Marine Corps now requires that Osprey clutch assemblies be replaced after 800 flight hours. The Osprey that crashed near Glamis reportedly had more than 2,000 flight hours on the clutch assemblies.
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