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Parents of Oklahoma brothers sue over Kauai skydiving crash

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COURTESY DYLAN FARMER

Marshal Cabe (left) and Phillip Cabe died in the crash of a skydiving plane on Kauai in May.

The parents of two Oklahoma brothers who were among five people killed in a Hawaii plane crash are suing 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 engine failed,” said Honolulu attorney Rick Fried, who filed the lawsuit Monday in state court.

D&J Adventures Inc. 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’ father, Michael Cabe, also witnessed the crash, Fried said.

“They had both graduated from college recently, and he was giving them as a present a joint skydiving trip,” Fried said, describing how the father, a general contractor on Kauai, ran to the burning wreckage, tried to pull them out and administer 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 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.”

17 responses to “Parents of Oklahoma brothers sue over Kauai skydiving crash”

  1. pgkemp says:

    dat was fast but not unexpected……….

  2. lokela says:

    Sad for the family but accidents do happen. Every one is at risk the moment they wake up. Everyday. Unless proven negligent then a suit is in order.

    • Tita Girl says:

      Rick Fried. Lawsuit. Nuff said.

      • klastri says:

        Do you think that Mr. Fried made up this case?

        What are you talking about?

        • dontbelieveinmyths says:

          Do you think the pilots crashed on purpose? They died too. Why sue?

        • klastri says:

          dontbelieveinmyths – I’m going to guess that you have not had two children die in an accident. Am I right?

          You don’t understand the reasons why parents file suits against people who may have been responsible for the death of their child.

        • localguy says:

          Some people just can’t handle the facts. Life is not always safe. There are deaths when events out of our control happen.

          NTSB will investigate to find the cause of the accident. It’s what they do. Could be an engine part failed. Not due to bad design or lack of maintenance It just happens.

          Attorneys will always try to assess blame even when it can’t be proven. Only concerned with how much they can make. Justice can take the backstage.

  3. biggerdog says:

    I see a bankruptcy filing coming soon for D&J adventures.

  4. WizardOfMoa says:

    General speaking, what does death and lawsuits by an unforeseen accident , profit anyone besides successful monetary gains? Nothing will bring back the dead! To relive the tragic happenings in a lawsuit would only remind the families of their immeasurable and heartbreaking loss. It could cripple the living from moving forward in their lives!

    • klastri says:

      I’m sorry that you don’t understand how discovery works. In many cases, only forced disclosure that is made possible by a lawsuit allows a family to find out exactly what happened and what or who was at fault.

      I’m guessing that you never had a child – or more than one child – die in an accident. Am I right? If you had, you would never write anything like this.

      • localguy says:

        Not in this case. The NTSB is investigating the cause of this accident. It’s what they do. Investigation can take months or longer. And sometimes the cause can’t be found.

        When they are done, the report is available for everyone to read. Public information.

        From their website you can search the database. http://www.ntsb.gov/_layouts/ntsb.aviation/index.aspx

        No attorney is needed.

        • klastri says:

          You’re wrong, but then again, you’re wrong a lot. NTSB can take a year or longer to publish a case, and the parents don’t want to wait. It’s their right to not have to wait.

      • leihanas says:

        I understand the family is suing in order to get some answers what was the root cause of the crash? Was there neglect of the aircraft maintenance ? Yes accidents do happen but many are avoidable. I respect they deserve answers.

  5. Rickyboy says:

    The NTSB does a thorough investigation to determine what happened and may have caused the accident. The report is ongoing.

  6. localguy says:

    “This lawsuit is going to hopefully find out why engine failed,” said Honolulu attorney Rick Fried.

    No Rick, it will not. The federal government, NTSB, professional accident investigation experts will do this. It is their job. Guessing you are not up to date with this. Attorney’s are woefully qualified for this highly technical work.

    As reported, “The National Transportation Safety Board has been notified, and will be investigating the cause of the crash.” Ref:http://www.hawaiinewsnow.com/story/32043263/authorities-responding-to-reported-plane-crash-near-burns-field-in-hanapepe

    Need to learn how the real world works. Quit chasing ambulances and posturing.

    • klastri says:

      You are somehow blaming an attorney for brining this case. The parents are forwarding the case because they want answers and don’t want to wait for the NTSB. Cause may be found in maintenance or training documents, for instance, that the discovery process can disclose.

      You apparently don’t like the civil legal system, but what you like doesn’t matter. This is what the system exists to do.

  7. leihanas says:

    My heart goes out to the family that lost both their sons at once in this horrific tragic accident on Kauai!.

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