F22 Lawsuit

8/2/2019 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

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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 he or she experienced orcesmany timesthe force gravity;

k. it was designed,manufactured,distributed and sold with a dangerousand


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ole stepsefectiveife supportsystemshat did not take all reasonab to provide the pilotswith redundancygiven the known history of OBOGS, ECS and other life supportsystemsfailures.7. As a direct result of one or more of the aforesaid defects of the F-22 Raptor

aircraft designed, manufactured, distributed and sold by LOCKHEED, plaintiffs decedent,JEFFREY HANEY sustained njuries of a personal and pecuniary nature, including consciouspain andsufferingprior to his deathon November 16,2010 andhadhe survived,he would havebeenentitledto bring a causeofaction for suchpersonaland pecuniary injuries, and suchactionhassurvivedhim.

8. Plaintiff, ANNA HANEY, Personal Representativeof the Estate of JEFFREYHANEY, deceased rings this Survival Action, pursuant o 755 ILCS 5127-6, ommonly knownasthe Survival Act of the Stateof Illinois, and/or any other similar Act deemedapplicableby theCourt.

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

COUNT III

Plaintiff, ANNA HANEY, as Personal Representative of the Estate of JEFFREyHANEY, deceased, complaining of defendant, LOCKHEED MARTIN CORpORATION,(hereinafter LOCKHEED"), states:

1. On or before November 16, 2010, LOCKHEED designed, manufactured,distributed and sold anF-22 Raptor aircraft to the United StatesGovernment.

2. The F-22 Raptor aircraft and its life support systemsand enginebleed air system


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OUwith safe and reliable life support systems hat accounted or the numerous ailures, faultsand malfunctions of the engine bleed air system, ncluding but not limited to overheatconditions and bleed air contamination, such that the engine bleed air is not suitable tosupport the OBOGS, ECS and other life support systemsof the F-22 Raptor aircraft andthese conditions were known to LOCKHEED but were not known to the pilots ormaintainersof F-22 Raptor aircraft;

e. failing to design, manufacture,distribute and sell the F-22 Raptor aircraftwith safe and reliable life support systems hat accounted or known failure modes andprotectedcritical life support systems rom the impact of bleed air systemfailures, faultsandmalfunctions:

f. failing to design, manufacture,distribute and sell the F-22 Raptor aircraftwith safe and reliable life support systems hat included adequateand reliable warningSENSOTS;

g. failing to design,manufacture,distribute and sell the F-22 Raptor atcraftwith safe and reliable instructions for the life support systernsas there was nothing toalert pilots or maintainersof the failures of the life supportsystems,which were known toLOCKHEED but were not known to pilots and maintainersof the F-22 Raptor aircraft;

h. failing to design,manufacture,distribute and sell the F-22 Raptor aircraftwith safeand reliable life support systems hat containedwarnings as herewere none;

i. failing to design,manufacture,distribute and sell the F-22 Raptor aircraftwith safe and reliable life support systems hat included a backup oxygen systemthatautomatically provide life support or breathable oxygen to the pilot in the event of amalfunction;

j. failing to design,manufacture,distribute and sell theF-22 Raptor aircraftwith safe and reliable life support systemsbecausethe F-22 Raptor included a backup


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oext os any additional herrs or nchosenby the Court.

f kin entitled o compensationnder he Wrongful DeathAct

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

WHEREFORE, plaintiff, 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 the Circuit Courtof Cook Countv. llinois.

COUNT IVSurvival Action/I.{eeligence - LOC KIIEED MARTIN C ORPORATION

Plaintiff, ANNA HANEY, as Personal Representative of the Estate of JEFFREYHANEY, deceased, complaining of defendant, LOCKHEED MARTIN CORPORATION,(hereinafter LOCKHEED"), states:

l. On or before November 16, 2010, LOCKHEED designed, manufactured,dishibuted and sold anF-22 Raptoraircraft to the United StatesGovernment.

2. The F-22 aircraft and its life support systemsand engine bleed air systemweredesigned,manufactured, distributed and sold pursuant to general, performance-only contractswith the United StatesGovernment hat did not contain specific design specifications.

3. LOCKHEED was given complete latitude in the design and selection of the lifesupport 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 from, and n proximity to, Joint Base Elmendorf-Richardson,Alaska.

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ober 1 olaska.. On Novem 6, 2010, while operating n A the F-22 operatedbyplaintiff s decedent,JEFFREY HANEY crashedand he was killed.

6. On or before November 16, 2010, LOCKHEED was negligent, and thatnegligencewas the causeof the death of JEFFREY HANEY.

l. The negligence f LOCKHEED consisted f the following:a. failing to design,manufacture, distribute and sell the F-22 Raptor aircraft

with a safeand reliable OnboardOxygen GeneratingSystem "OBOGS"), EnvironmentalControl System "ECS"), and other life supportsystems hat safely andproperly providedbreathableoxygen to the pilot operating he aircraft;

b. failing to design, manufacture,distribute and sell the F-22 Raptor aircraftwith a safe and reliable method to supply the pilot with oxygen that was free of harmfulcontaminants and compounds that were introduced by the OBOGS, the ECS and theengine bleed air system;

e. failing to design,manufacture, distribute and sell the F-22 Raptor aircraftwith safe and reliable life support systems hat accounted or failure modes and oxygencontamination modesthat were known to LOCKHEED but were not known to the pilotsor maintainersof F-22 Raptor aircraft.

d. failing to design, manufacture,distribute and sell the F-22 Raptor aircraftwith safe and reliable life support systems hat accounted or the numerous ailures, faultsand malfunctions of the engine bleed air system, ncluding but not limited to overheatconditions and bleed air contamination, such that the engine bleed air is not suitable tosupport the OBOGS, ECS and other life support systemsof the F-22 Raptor aircraft andthese conditions were known to LOCKHEED but were not known to the pilots ormaintainersof F-22 Raptor aircraft;

e. failing to design, manufacture,distribute and sell the F-22 Raptor aircraftt2


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with safe and reliable life support systems hat accounted or known failure modes andprotectedcritical life support systems rom the impact of bleed air system ailures, faultsandmalfunctions;

f. failing to design,manufacture,distribute and sell the F-22 Raptor aircraftwith safe and reliable life support systems hat included adequateand reliable warningSENSOTS;

g. failing to design, manufacture,distribute and sell the F-22 Raptor aircraftwith safe and reliable instructions for the life support systemsas there was nothing toalert pilots or maintainersof the failures of the life supportsystems,which were known toLOCKHEED but were not known to pilots and maintainersof the F-22 Raptor airwaft;

h. failing to design,manufacture,distribute and sell the F-22 Raptor aircraftwith safeand reliable life supportsystems hat containedwarnings as here werenone;

i. failing to design,manufacture,distribute and sell the F-22 Raptor aircraftwith safe and reliable life support systemsthat included a backup oxygen systan thatautomatically provide life support or breathable oxygen to the pilot in the event of amalfunction;

j. failing to design,manufacture,distribute and sell the F-22 Raptor aircraftwith safe and reliable life support systemsbecausethe F-22 Raptor included a backupoxygen systemwhich could be activated only manually, and whose manual activationmechanismwas locatedunderneathand behind the pilot, in an area mpossible for a pilotto reach while he or she maneuvered he sophisticatedaircraft at speedsexceeding hespeedof soundand while he or sheexperienced orcesmany times the force gravity.

k. failing to properly and adequatelydesign,build and integrate he crew lifesupport systems,ncluding the OBOGS, the ECS and other life supportsystems n the F-22Raptor aircraft;

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atheir con. failing to properly and adequatelyperform tracts n good faith toprotect those who serve heir country;

m. failing to properly and adequatelynform the United StatesGovernmentsothat steps could be taken to train pilots and equip them with necessary back-upequipment;

n. failing to properly and adequately nform the United StatesGovernmentofthe weaknessesand defects n the OBOGS, the ECS, and other life support systems soadequatemanualscould have beenprepared or pilots and maintenancecrews;

o. failing to properly and adequatelyredesign the OBOGS, the ECS, andother life supportsystems o correctknown deficiencies;

p. failing to properly and adequately take all reasonable steps to providepilots with redundancygiven the known history of OBOGS, ECS and other life supportsystems ailures.8. As a direct result he negligenceof LOCKHEED, plaintiff s decedent, EFFREY

HANEY sustained njuries of a personal and pecuniary nature, including consciouspain andsufferingprior to his death on November 16, 2010 and had he survived,he would have beenentitled to bring a causeof action for suchpersonal and pecuniary injuries, and such action hassurvivedhim.

9. Plaintiff, ANNA HANEY, Personal Representativeof the Estate of JEFFREYHANEY, deceased rings this Survival Action, pursuant o 755ILCS 5127-6, ommonly knownas the Survival Act of the Stateof Illinois, and/or any other similar Act deemedapplicableby theCourt.

WHEREFORE,plaintifq ANNAJEFFREYHANEY, deceased emandsCORPORATIONn an amount n excess

HANEY, as Personal Representativeof the Estateofjudgment against defendant, LOCKHEED MARTINof the minimum amount required for jurisdiction in the

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oCourtaw Division of theCircuit of CookCounty, llinois.COUNT V

WTONEfUI EAth/Breachof WarrantY . LOCKIIEED MARTIN CORPORATIONPlaintiff; ANNA HANEY, as Personal Representative of the Estate of JEFFREY

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

1. On or before November 16, 2010, LOCKHEED designed, manufactured,distributedand sold anF-22 Raptor aircraft to the United StatesGovernment.

2. Thereexistedon November 16, 2010 certainwarrantiesof fitness for a particularpurposeand merchantability that were implied from the contracts hat were entered nto betweenthe United StatesGovernment and LOCKHEED regardlessof any writing to eliminate or limitthem.

3. The warranty of fitness for a particular purposewas breachedby LOCKHEED inthat the life support systemsof the F-22 Raptor aircraft were completely and wholly inadequatefor the purpose ntended, which was safe flight. The life support systemsof the F-22 Raptoraircraft were and arecompletely and wholly inadequateas follows:

a. the Onboard Oxygen Generating System ("OBOGS"), EnvironmentalControl System ("ECS"), and other life support systems did not safely or properlyprovide breathableoxygen to the pilot operating he aircraft;

b. the life support systemsdid not safely and reliably supply the pilot withoxygen that was free of harmful contaminantsand compounds hat were introduced bytheOBOGS, he ECS and he enginebleedair system;

c. the life support systemsdid not safely and reliably account for failuremodesand oxygen contamination modes that were known to LOCKHEED but were notknown to thepilots or maintainersof F-22 Raptor aircraft.

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ofe su Iand rel. the li pport systemsdid not safely iably account for thenumerous ailures, faults and malfunctions of the engine bleed air system, ncluding butnot limited to overheatconditions and bleed air contamination,suchthat the engine bleedair is not suitable o support he OBOGS, ECS andother life support systemsof theF-22Raptor aircraft and theseconditions were known to LOCKHEED but were not known tothe pilots or maintainersof F-22 Raptor aircraft;

e. the life support systems did not safely and reliably account for knownfailure modes and protected critical life support systemsfrom the impact of bleed airsystem ailures, faults and malfunctions;

f. the life support systems did not safely and reliably include adequateandreliable warning sensors;

g. the life support systems did not safely and reliably alert pilots ormaintainers of the failures of the life support systerns, which were known toLOCKHEED but were not known to pilots andmaintainersof the F-22 Raptor aircraft;

h. the life support systems did not safely and reliably contain warnings asthere were and are none:

i. the life support systems did not safely and reliably include a backupoxygen system hat automatically provides life supportor breathable oxygen to the pilotin the eventof amalfunction;

j. the life support systemsdid include a safe and reliable backup oxygensystembecause he existing backup oxygen system could be activated only manually, andits manual activation mechanism was and is locatedunderneathand behind the pilot, inan area impossible for a pilot to reach while he or she maneuvered he sophisticatedaircraft at speedsexceeding he speed of sound and while he or she experienced orcesmany times the force gravity.

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ofe su. the li pport systems did not safely and reliably take all reasonablesteps o provide the pilots with redundancygiven the known history of OBOGS, ECS andother life supportsystems ailures.4. The warranty of merchantability was breached by LOCI(HEED because the

OBOGS and the ECS and the life support systemswere not of fair or averagequality of otherECS or OBOGS or life supportsystemsmadeby competitorsnor were they of the samequalityas others designed, manufactured, sold or distributed by LOCKHEED in that these systernsfailed to function as required.

5. As a direct result of the breachesof warranties by LOCKHEED, plaintiffsdecedent, EFFREYHANEY was killed on November 16,2010.


7. 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/orany similar Act deemedapplicablebythe Court.

WHEREFORE, plaintiff, 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 the Circuit Court of Cook Countv. llinois.

COUNT VISurvival Action/Breach of Warrantv - LOCKHEED MARTIN CORPORATION

Plaintiff ANNA HANEY, as Personal Representative of the Estate of JEFFREYt 7


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IMARANEY, deceased, complaining of defendant, LOCKHEED(hereinafter LOCKHEED"), states:

TIN CORPORATION.

1. On or before November 16, 2010, LOCKHEED designed, manufactured,distributed and sold anF-22 Raptor aircraft to the United StatesGovernment.

2. There existedon November 16, 2010 certainwarrantiesof fitness for a particularpurposeand merchantability that were implied from the contracts hat were entered nto betweenthe United StatesGovernment and LOCKHEED regardlessof any writing to eliminate or limitthem.

3. The warranty of fitness for a particular purposewas breachedby LOCI(HEED inthat the life support systemsof the F-22 Raptor aircraft were and are completely and whollyinadequate or the purpose ntended,which was safeflight. The life support systemsof theF-22Raptoraircraft were and are completely andwholly inadequateas follows:

a. the Onboard Oxygen Generating System ("OBOGS"), EnvironmentalControl System ("ECS"), and other life support systems did not safely or properlyprovide breathableoxygen to the pilot operating he aircraft;

b. the life support systemsdid not safely and reliably supply the pilot withoxygen that was free of harmful contaminantsand compoundsthat were introduced bytheOBOGS, he ECS and he enginebleedair system;

c. the life support systemsdid not safely and reliably account for failuremodes and oxygen contamination modes that were known to LOCKHEED but were notknown to the pilots or maintainersof F-22 Raptor aircraft.

d. the life support systems did not safely and reliably account for thenumerousfailures, faults and malfunctions of the enginebleed air system, ncluding butnot limited to overheatconditions andbleed air contamination,suchthat the enginebleedair is not suitable to support he OBOGS, ECS and other life support systemsof theF-22

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Raptor aircraft and tIheseconditions were known to LOCKH but were not known tothe pilots or maintainersof F-22 Raptor aircraft;

e. the life support systems did not safely and reliably account for knownfailure modes and protected critical life support systems from the impact of bleed airsystem ailures, faults and malfunctions;

f. the life support systemsdid not safely and reliably include adequateandreliable warning sensors;

g. the life support systems did not safely and reliably alert pilotsmaintainers of the failures of the life support systems, which were knownLOCKHEED but were not known to pilots andmaintainersof the F-22 Raptor aircraft;

h. the life support systemsdid not safely and reliably contain warningstherewere and are none;

i. the life support systems did not safely and reliably include a backupoxygen systemthat automatically provides life support or breathableoxygen to the pilotin the eventof a malfunction;

j. the life support systemsdid not include a safe and reliable backup oxygensystembecause he existingbackup oxygen systemcould be activated only manually, andits manual activation mechanismwas and is located underneathand behind the pilot, inan area impossible for a pilot to reach while he or she maneuvered he sophisticatedaircraft at speedsexceeding he speedof sound and while he or she experienced orcesmany times the force gravity.

k. the life support systemsdid not safely and reliably take all reasonablesteps o provide he pilots with redundancy iven theknown historyof OBOGS,ECS andother life supportsystems ailures.4. The warranty of merchantability was breached by LOCKHEED because the

IEED

orto

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oOBOGS and the ECS and the life support systemswere not of fair or averagequality of otherECS or OBOGS or life support systemsmadeby competitorsnor were they of the samequalityas others designed, manufactured, sold or distributed by LOCKHEED in that these systemsfailed to function as required.

5. As a direct result of the breachesof warrantiesby LOCKHEED, plaintiffsdecedent,JEFFREY HANEY sustained njuries of a personal and pecuniary nature, includingconsciouspain and sufferingprior to his deathon November 16, 2010 and had he survived,hewould havebeenentitled to bring a causeof action for suchpersonaland pecuniary injuries, andsuchactionhas survived him.

6. Plaintiff, ANNA HANEY, Personal Representativeof the Estate of JEFFREYHANEY, deceased rings this SurvivalAction, pursuant o 755ILCS 5/27-6,commonlyknownas the Survival Act of the Stateof Illinois, and/or any other similar Act deemedapplicableby theCourt.

WHEREFORE, plaintiff, ANNA HANEY, as Personal Representativeof the EstateofJEFFREY HANEY, deceaseddemands udgment against defendant, LOCKHEED MARTINCORPORATION in an amount n excessof the minimum amount required for jurisdiction in theLaw Division of the Circuit Courtof Cook Countv. llinois.

COUNT VIIWroneful Death/Breach of Contract - LOCKHEED MARTIN CORPORATION

Plaintiff ANNA HANEY, as Personal Representative of the Estate of JEFFREYHANEY, deceased, complaining of defendant, LOCKHEED MARTIN CORPORATION,(hereinafter LOCKHEED"). states:

1. On or before November 16, 20T0, LOCKHEED designed, manufactured,distributedand sold anF-22 Raptor aircraft to the United StatesGovernment.

2. The United StatesGovernment entered nto a contractwith LOCKHEED for the20


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designandmanufacture f $100,000,000.00er copy fifth generation tealth ighter.3. The purposeof that contract was to provide the United StatesAir Force with a

fighter aircraft that would eclipse hoseoperatedby the world's otherair forces.4. The pilot life supportrequirementsof the contractwere perfonnance equirements

only, with the contractorLOCKHEED to decidewhat systemwould best meet the requirernentsfor performancethat included mission profile and sufficient breathableoxygen to support pilotperformance or the flight envelopeand mission of the aircraft.

5. The entire objective of the pilot life supportportion of the contractwas to benefitthe pilot of the aircraft, in this instanceplaintiff s decedentJEFFREY HANEY.

6. It was the objective, purpose and specific intention of the parties that thebeneficiary of this contract was the pilot and the specific objective that he or she be equippedwith an Onboard Oxygen Generating System ("OBOGS"), an Environmental Control System("ECS") and other life support systems that would provide, under all anticipatable flightconditions, and in combat, sufficient breathableoxygen for the pilot to be able to control his orher aircraft and survive the flight.

7. LOCKHEED breached its contract for the creditor beneficiarv. JEFFREYHANEY, by failing to meet ts obligationsas ollows:

a. failing to design,manufacture,distribute and sell the F-22 Raptor aircraftwith a safeand reliableOBOGS,ECS, and other ife supportsystems hat did not safelyor properly provide breathableoxygen to the pilot operating he aircraft;

b. failing to design,manufacture,distribute and sell the F-22 Raptor aircraftwith a safeand reliable method to supply the pilot with oxygen that was free of harmfulcontaminants and compounds that were introduced by the OBOGS, the ECS and theenginebleed air system;

c. failing to design,manufacture,distribute and sell the F-22 Raptor aircraft2 l


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Ifailureith safe and reliable life support systems hat accounted or modes and oxygencontaminationmodesthat were known to LOCKHEED but were not known to the pilotsor maintainersof F-22 Raptor aircraft.

d. failing to design, manufacture,distribute and sell the F-22 Raptor aircraftwith safe andreliable life supportsystems hat accounted or the numerous ailures, faultsand malfunctions of the engine bleed air system, including but not limited to overheatconditions and bleed air contamination,such that the engine bleed air is not suitable tosupport the OBOGS, ECS and other life support systemsof the F-22 Raptor aircraft andthese conditions were known to LOCKHEED but were not known to the pilots ormaintainersof F-22 Raptor aircraft;

e. failing to design,manufacture,distribute and sell the F-22 Raptor aircraftwith safe and reliable life support systems hat accounted or known failure modes andprotectedcritical life support systems rom the impact of bleed air system failures, faultsandmalfunctions;

f. failing to design,manufacture,distribute and sell the F-22 Raptor aircraftwith safe and reliable life support systerns hat included adequateand reliable warningsensors;

g. failing to design,manufacture,diskibute and sell the F-22 Raptor aircraftwith safe and reliable instructions for the life support systemsas there was nothing toalert pilots or maintainersof the failures of the life support systems,which were known toLOCKHEED but were not known to pilots and maintainersof the F-22 Raptor aircraft;

h. failing to design, manufacture,distribute and sell the F-22 Raptor aircraftwith safeand reliable life supportsystems hat containedwarnings as herewere none;

i. failing to design,manufacture,distribute and sell the F-22 Raptor aircraftwith safe and reliable life support systems hat included a backup oxygen system that

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otheutomatically provide life support or breathable oxygen tomalfunction;

pilot in the eventof a

j. failing to design,manufacture, distribute and sell theF-22 Raptor aircraftwith safe and reliable life support systems because he F-22 Raptor included a backupoxygen system which could be activated only manually, and whose manual activationmechanismwas locatedunderneathand behind the pilot, in an area mpossible for a pilotto reach while he or she maneuvered he sophisticatedaircraft at speedsexceedingthespeedof soundand while he or she experienced orces many times the force gravity;

k. failing to properly and adequatelydesign,build and integrate he crew lifesupportsystems,ncluding the OBOGS, ECS and other ife supportsystems ntheF-22Raptor aircraft;

l. failing to properlyandadequatelyerform heir contractsn good aith to protectthosewho serveheir countrv:

m. failing to properlyand adequatelynformthe UnitedStatesGovernment othatsteps ouldbe aken o train pilotsandequip hemwith necessaryack-upequipment;

n. failing to properlyand adequatelynform the United StatesGovernment f theweaknessesnd defects n the OBOGS, he ECS, and other ife supportsystems o adequatemanuals ouldhavebeenpreparedor pilotsandmaintenancerews;

o. failing to properlyand adequatelyedesignhe OBOGS, he ECS,and other ifesupport ystemsn to correct nowndeficiencies;

p. failing to properlyandadequatelyakeall reasonableteps o providepilotswithredundancy iven he knownhistoryof OBOGS,ECSandother ife support ystemsailures.8. As a direct result of the breachof contractby LOCKHEED, plaintiff s decedent,

JEFFREYHANEY was killed on November16. 2010.9. JEFFREY HANEY left surviving him as his next of kin, ANNA HANEY, his

wife; AVA HANEY, his minor daughter;STELLA ROSE HANEY, his minor daughter,as well23


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as any additional heirs orchosen y theCourt.

onext of kin entitled to compensation WrongfulDeathAct10. ANNA HANEY is the Court AppointedPersonalRepresentativef theEstateof

JEFFREYHANEY, deceased nd she brings this causeof action Pursuant o the IllinoisWrongfulDeathStatute, 40 LCS 180/1,et seq.and/orany similarAct deemed pplicableytheCourt.

WHEREFORE,plaintifq ANNA HANEY, asPersonalRepresentativef the EstateofJEFFREYHANEY, deceased emandsudgmentagainstdefendant, OCKHEED MARTINCORPORATIONn an amountn excess f theminimumamount equiredor urisdiction n theLawDivisionof theCircuitCourtof CookCountv. llinois.

COUNT VIII

Plaintifl ANNA HANEY, as Personal Representative of the Estate of JEFFREyHANEY, deceased, complaining of defendant, LOCKHEED MARTIN CORPORATION.(hereinafter LOCKHEED"), states:

l. On or before November 16, 2010, LOCKHEED designed, manufactured,distributedand sold anF-22 Raptor aircraft to the United StatesGovernment.

2. The United StatesGovernment entered nto a contract with LOCKHEED for thedesignandmanufacture f $100,000,000.00er copy fifth generation tealth ighter.

3. The purpose of that contract was to provide the United StatesAir Force with afighter aircraft that would eclipse hoseoperatedby the world's other air forces.

4. The pilot life supportrequirementsof the contractwere perforrnance equirementsonly, with the contractorLOCKHEED to decide what systemwould best meet the requirementsfor performance hat included mission profile and sufficient breathableoxygen to supportpilotperformance or the flight envelopeandmission of the aircraft..

aunder he

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aof the pilot life supportportion of theobjective. The entire o contract was to benefitthe pilot of the aircraft, in this instanceplaintiff s decedentJEFFREY HANEY.

6. It was the objective, purpose and specific intention of the parties that thebeneficiary of this contract was the pilot and the specific objective that he or she be equippedwith an Onboard Oxygen GeneratingSystem("OBOGS") \, m Environmental Control System("ECS") and other life support systems that would provide, under all anticipatable flightconditions, and in combat, sufficient breathableoxygen for the pilot to be able to control his orher aircraft andsurvive the flisht.

7. LOCKHEED breached its contract for the creditor beneficiarv" JEFFREYHANEY, by failing to meet ts obligationsas ollows:

a. failing to design,manufacture, distribute and sell the F-22 Raptor aircraftwith a safeand reliable OBOGS, ECS, and other life support systems hat did not safelyor properly provide breathableoxygen to the pilot operating he aircraft;

b. failing to design,manufacture, distribute and sel l the F-22 Raptor aircraftwith a safe and reliable method to supply the pilot with oxygen that was free of harmfulcontaminants and compounds that were introduced by the OBOGS, the ECS and theengine bleed air system;

c. failing to design, manufacture, distribute and sell the F-22 Raptor aircraftwith safe and reliable life support systems hat accounted or failure modes and oxygencontamination modesthat were known to LOCKHEED but were not known to the pilotsor maintainersof F-22 Raptor aircraft.

d. failing to design, manufacture, distribute and sell the F-22 Raptor aircraftwith safeand reliable li fe support systems hat accounted or the numerous ai lures, faultsand malfunctions of the engine bleed air system, ncluding but not limited to overheatconditions and bleed air contamination,such that the engine bleed air is not suitable to

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supportheOBOGS,IECS tand other life support systemsof the F-22 Raptor aircraft andthese conditions were known to LOCKHEED but were not known to the pilots ormaintainersof F-22 Raptor aircraft;

e. failing to design,manufacture,distribute and sell the F-22 Raptor aircraftwith safeand reliable life support systems hat accounted or known failure modes andprotectedcritical life support systems rom the impact of bleed air system failures, faultsand malfunctions;

f. failing to design,manufacture, distribute and sell theF-22 Raptor aircraftwith safe and reliable life support systems hat included adequateand reliable warningSENSOTS;

g. failing to design,manufacture,distribute and sell the F-22 Raptor aircraftwith safe and reliable instructions for the life support systemsas there was nothing toalertpilots or maintainersof the failures of the life supportsystems,which were known toLOCKHEED but were not known to pilots andmaintainersof the F-22 Raptor aircraft;

h. failing to design, manufacture,distribute and sell the F-22 Raptor aircraftwith safeand reliable life support systems hat containedwarnings as here were none;

i. failing to design, manufacture,distribute and sell the F-22 Raptor aircraftwith safe and reliable life support systems hat included a backup oxygen systern hatautomatically provide life support or breathable oxygen to the pilot in the event of amalfunction;

j. failing to design, manufacture,distribute and sell the F-22 Raptor aircraftwith safe and reliable life support systemsbecausethe F-22 Raptor included a backupoxygen system which could be activated only manually, and whose manual activationmechanismwas locatedunderneathandbehind the pilot, in an area mpossible for a pilotto reach while he or she maneuvered he sophisticatedaircraft at speedsexceeding he

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ohe or she experienced orcesmany times the force gravity;owhilepeedofsound andk. failing to properly and adequatelydesign, build and integrate he crew life

support systems, ncluding the OBOGS, ECS and other life support systems n the F-22Raptor aircraft;

l. failingto properlyandadequatelyerform heir contractsn good aith to protectthosewho serveheir countrv:

m. failing to properlyand adequatelynformthe United StatesGovernment o thatsteps ouldbe aken o trainpilotsandequip hemwith necessaryack-upequipment;

n. failing to properlyand adequatelynform the United StatesGovernment f theweaknessesnd defects n the OBOGS, he ECS, and other ife supportsystems o adequatemanuals ouldhavebeenpreparedor pilotsandmaintenancerews;

o. failing to properlyand adequatelyedesignhe OBOGS, he ECS,and other ifesupport ystemsn to correct nown deficiencies;

p. failing to properlyandadequatelyakeall reasonableteps o providepilotswithredundancy iven he knownhistoryof OBOGS,ECSandother ife support ystemsailures.8. As a direct result of the breachesof warrantiesby LOCKHEED, plaintiffs

decedent,JEFFREY HANEY sustained njuries of a personal and pecuniary nature, includingconscious pain and suffering prior to his deathon November 16, 2010 and had he survived, hewould havebeenentitled to bring a causeof action for suchpersonaland pecuniary injuries, andsuchaction has survived him.

9. Plaintiff, ANNA HANEY, Personal Representativeof the Estate of JEFFREYHANEY, deceased rings this SurvivalAction, pursuant o 755ILCS 5127-6, ommonlyknownas he Survival Act of the Stateof Illinois, and/or any other similar Act deemedapplicableby theCourt.

WHEREFORE, plaintiffl ANNA HANEY, as PersonalRepresentativeof the EstateofJEFFREY HANEY, deceaseddemands udgment against defendant, LOCKHEED MARTIN

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oamountORPORATION in an in excess f theminimumamount equiredor urisdiction n theLaw Division of the Circuit Courtof Cook Countv. llinois.

COUNT IXWroneful Death/Fraud - LOCKHEED MARTIN CORPORATION


1. LOCKHEED committed actual fraud on the United States Government andtherefore ts employeeJEFFREY HANEY by knowingly designing,manufacturing, distributingand selling an unreasonablydangerousand defectiveF-22 Raptor aircraft, ncluding its OnboardOxygen GeneratingSystem ("OBOGS"), its Environmental Control System ("ECS") and itsother life supportsystems.

2. TheF-22 Raptor aircraft was unreasonablydangerousand defectiveas follows:a. it was designed,manufactured,distributed and sold with an OBOGS, ECS,

and other life support systems hat did not safely or properly provide breathableoxygento the pilot operating he aircraft;

b. it was designed,rnanufactured,distributed and sold with the dangerousand defective propensity to supply the pilot with oxygen contaminated by harmfulelementsand compoundsby the OBOGS, the ECS and the enginebleed air systern;

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 the

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osystem ooverheatngine bleed air , includingbut not limited o conditionsandbleed aircontamination,suchthat the enginebleed air is not suitableto support he OBOGS, ECSand other life support systems of the F-22 Raptor aircraft and these conditions wereknown to LOCKHEED but were not known to the pilots or maintainers of 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 there was nothing to alert pilots or maintainers of the failures ofthe life supportsystems,which were known to LOCKHEED;

h. it was designed, manufactured, distributed and sold with dangerous anddefective ife support systemwarnings as herewere none;

i. it was designed,manufactured, distributed and sold with a dangerousanddefective oxygen backup systern 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 underneath and behind the pilot, in an areaimpossible for a pilot to reach while he or shemaneuvered he sophisticatedaircraft atspeedsexceeding he speedof sound and while he or she experienced orces many timesthe force gravity;

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asold with a dangerousanddefective life support systems hat did not take all reasonablesteps o provide the pilotswith redundancygiven the known history of OBOGS, ECS and other life supportsystemsfailures.3. The fraudof LOCKHEED included,but is not limited to the following:

a. BeforeNovember 16,2010 LOCKHEED representedo the Unites StatesGovernment and to the public that the F-22 Raptor aircraft, including its OBOGS, itsECS and its other life support systemsmet the performance requirements of the crewsurvivability contractwhen LOCKHEED knew that they did not;

b. BeforeNovember 16,2010 LOCKHEED representedo the Unites StatesGovernment and to the public that the F-22 Raptor aircraft, including its OBOGS, itsECS and its other life support systems,met the reliability requirements of the crewsurvivability contractwhen LOCKHEED knew that they did not;

c. BeforeNovember 16,2010 LOCKHEED representedo the Unites StatesGovernment and to the public that the F-22 Raptor aircraft, including its OBOGS, itsECS and its other life support systems met systems integration requirements whenLOCKHEED knew that they did not;

d. BeforeNovember 16,2I1L,LOCKHEED representedo the Unites StatesGovernment and to the public that the failure annunciation system for the F-22 Raptoraircraft, including its OBOGS, its ECS and its other life support systemswould provideearly and adequatewarning to the pilots of failure or insufficiency of thesesystemswhenLOCKHEED knew that they did not;

e. BeforeNovember 16,2010, LOCKHEED representedo the Unites StatesGovernment and to the public that the F-22 Raptor aircraft, including its OBOGS, itsECS and its other life support systemswould work with oxygen masks,counter-pressure

oit was designed,manufacfured,distributed and

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Igaffnents, anti-exposuregannents and high "g" maneuverithat thev would not:

LOCKHEEDknew

f. Before November 16,2010, LOCKHEED representedo the Unites StatesGovernment and to the public that it had fixed or cured any deficiencies in the F-22Raptor aircraft, including its OBOGS, its ECS or its other life support systemswhenLOCKHEED knew that it had not:

g. Before Novernber 16,2010, LOCKHEED representedo the Unites StatesGovernmentand to the public that it had provided sufficient maintenance nformation toallow diagnostic and repair of the F-22Raptor aircraft, ncluding its OBOGS, its ECS andits other life support systems n the field when LOCKHEED knew that it had not;4. Before November 16, 2010, LOCKHEED represented to the Unites States

Government and to the public that it had provided a safe and reliable F-22 Raptor aircraft,including its OBOGS, its ECS and its other life support systems hat would allow our fightingmen and women to survive combat, when LOCKHEED knew that it had not provided such andaircraft nor such systems o allow our pilots to survive even routine training missions, suchas heone that killed plaintiffs' decedent JEFFREY HANEY. As a direct result of the fraud ofLOCKHEED that continuesto this date, the United StatesAir Force has had to.ground and/orseverely imit flight of the F-22 Raptor aircraft, which has severely imited the aircraft's combatoperations, ange,and utility and the plaintiff s decedentJEFFREY HANEY is dead.

5. As a direct result of the fraud of LOCKHEED that continues to this date. theUnited States Air Force has awarded LOCKHEED a new multi-million dollar contract toinvestigate the failures, defects and deficiencies of the F-22 Raptor aircraft OBOGS, ECS andother life support systems, of which LOCKHEED has had continuing knowledge since theinception of the F-22 Raptor program and which directly caused he death of plaintiff s decedentJEFFREYHANEY.

ang when

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6. As a direct oresul of the fraudof LOCKHEED,plaintiffs decedent,EFFREYHANEY was killed on November 16,2010.


8. 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. andlorany similar Act deemedapplicablebythe Court.

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

COUNT XSurvival Action/Fraud - LOCKHEED MARTIN CORPORATION


1. LOCKHEED committed actual fraud on the United States Government andtherefore ts employeeJEFFREY HANEY by knowingly designing, manufacturing, distributingand selling an unreasonablydangerousand defectiveF-22Raptor aircraft,including its OnboardOxygen GeneratingSystem ("OBOGS"), its EnvironmentalControl System ("ECS") and itsother life supportsystems.

2. TheF-22 Raptor aircraft was unreasonablydangerousand defectiveas follows:32


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ooit was designed,manufactured,distributed and sold with an OBOGS, ECS,.and other life support systems hat did not safely or properly provide breathableoxygento the pilot operating he aircraft;

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, theECS 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, diskibuted 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, such that the engine bleed air is not suitable o support the OBOGS, ECSand other life support systems of the F-22 Raptor aircraft and these conditions wereknown to LOCKHEED but were not known to the pilots or maintainers of 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:

it was designed, manufactured, distributed and sold with dangerousanddefective ife support warning sensors hat were inadequateand unreliable;

g. it was designed, manufactured, distributed and sold with dangerousanddefective nstructions as therewas nothing to alert pilots or maintainers of the failures of

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oystems,which were known to LOCKHEED;he ife supporth. it was designed,manufactured,distributed and sold with dangerousand

defective ife supportsystemwarnings as herewere none;i. it was designed,manufactured,distributed and sold with a dangerousand

defective 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 underneath and behind the pilot, in an areaimpossible for a pilot to reach while he or she maneuvered he sophisticatedaircraft atspeedsexceeding he speedof sound and while he or she experienced orcesmany timesthe force gravity;

k. it was designed,manufactured,distributed and sold with a dangerousanddefective life support systems hat did not take all reasonablesteps o provide the pilotswith redundancygiven the known history of OBOGS, ECS and other life support systemsfailures.3. The fraudof LOCKHEED included,but is not limited to the following:

a. Before November 16,2010 LOCKHEED representedo the Unites StatesGovernmentand to the public that the F-22 Raptor aircraft, ncluding its OBOGS, it ECSand its other life support systems met the performance requirements of the crewsurvivability contract when LOCKHEED knew that they did not;

b. BeforeNovember 16,2010 LOCKHEED representedo the Unites StatesGovernmentand to the public that the F-22 Raptor aircraft, including its OBOGS, it ECSand its other life support systems, met the reliability requirements of the crewsurvivability contractwhen LOCKHEED knew that they did not;

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oforeNovember 6,2010LOCKHEED orepresent. Be edto theUnitesStatesGovernmentand to the public that the F-22Raptor aircraft, including its OBOGS, it ECSand its other life support systems met systems integration requirements whenLOCKHEED knew that they did not;

d. BeforeNovember 16,2010, LOCKHEED representedo the UnitesStatesGovernment and to the public that the failure annunciation system for the F-22 Raptoraircraft, including its OBOGS, its ECS and its other life support systemswould provideearly and adequatewarning to the pilots of failure or insufficiency of thesesystemswhenLOCKHEED knew that thev did not:

e. BeforeNovember 16,2010, LOCKHEED representedo the UnitesStatesGovernment and to the public that the F-22 Raptor aircraft, including its OBOGS, itsECS and its other life support systemswould work with oxygen masks,counter-pressuregarments,anti-exposuregarmentsand high oog"maneuvering when LOCKHEED knewthat they would not;

f. BeforeNovember 16,2010,LOCKHEED representedo the Unites StatesGovernment and to the public that it had fixed or cured any deficiencies in the F-22Raptor airvaft, including its OBOGS, its ECS or its other life support systemswhenLOCKHEED knew that it had not;

g. BeforeNovember 16,2010, LOCKHEED representedo the Unites StatesGovernmentand to the public that it had provided sufficient maintenance nformation toallow diagnosticand repair of the F-22 Raptor aircraft, including its OBOGS, its ECS andits other life supportsystemsn the field when LOCKHEED knew that it had not;

h. BeforeNovernber16,2010, LOCKHEED representedo the UnitesStatesGovernmentandto the public that it hadprovided a safeand reliable F-22 Raptor aircraft,including its OBOGS, its ECS and its other life supportsystems hat would allow our

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owome oKHEEighting men and n to survive combat. when LOC D knew that it had notprovided such and aircraft nor such systems o allow our pilots to survive even routinetraining missions,suchas he one that killed plaintiffs' decedentJEFFREY HANEY.4. As a direct result of the fraud of LOCKHEED that continues to this date, the

United StatesAir Forcehashad to ground and/or severely imit flight of the F-22 Raptor aircraft,which has severely imited the aircraft's combat operations, ange,and utility and the plaintifPsdecedentJEFFREY HANEY is dead.

5. As a direct result of the fraud of LOCKHEED that continues to this date. theUnited States Air Force has awarded LOCKHEED a new multi-million dollar contract toinvestigatethe failures, defectsand deficiencies of the F-22 Raptor aircraft OBOGS, ECS andother life support systems, of which LOCKHEED has had continuing knowledge since theinception of the F-22 Raptor program and which directly caused he death of plaintiff s decedentJEFFREYHANEY.

6. As a direct result of the fraud of LOCKHEED, plaintiffls decedent,JEFFREYHANEY sustained njuries of a personal and pecuniary nature, including consciouspain andsuffering prior to his death on November 16,2010 and had he survived, he would have beenentitled to bring a causeof action for suchpersonaland pecuniary injuries, and such action hassurvived him.

7, Plaintiff, ANNA HANEY, Personal Representativeof the Estate of JEFFREYHANEY, deceased rings this Survival Action, pursuant o 755ILCS 5127-6, ommonly knownas he Survival Act of the Stateof Illinois, and/or any other similar Act deemedapplicableby theCourt.

WHEREFORE, plaintiff, ANNA HANEY, as Personal Representativeof the Estate ofJEFFREY HANEY, deceaseddemands udgment against defendant, LOCKHEED MARTINCORPORATION in an amount n excessof the minimum amount required for jurisdiction in the

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oCourtawDivisionof theCircuit of Cook County, llinors.COUNT XI

Wroneful Death/Product Liabilitv - BOEING CORPORATIONPlaintiff, ANNA HANEY, as Personal Representative of the Estate of JEFFREY

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

1. On or before November 16,2010, BOEING designed,manufactured, istributed,integrated and sold certain components in an F-22 Raptor aircraft to the United StatesGovernment.

2. On or beforeNovember 16,2010, BOEING was the integratorof the life supportsysternsof the F-22 Raptor aircraft and was responsible for the selection of individual lifesupport systems,engine bleed air systemand for the integration and interoperability of each ifesupportsystem andother componentsand systemsof the F-22Raptor aircraft.

3. The F-22 Raptor aircraft and its components, ife support systems and enginebleed air system were designed, manufactured, distributed, integrated and sold pursuant togeneral, performance-only contracts with the United StatesGovernment that did not containspecificdesignspecifications.

4. BOEING was given complete latitude in the design and selection of thecomponents, ife support systemsand engine bleed air system necessily andlor appropriate omeet the performance equirementof the United StatesGovernment.

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


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onents,. On November 16, 2010 and at the time the compo life supportsystems ndof BOEING, hey werengine bleed air system of the F-22 Raptor aircraft left the control

unreasonablvdefective n that:a. they were designed,manufactured,distributed, ntegratedand sold with an

Onboard Oxygen Generating System ("OBOGS"), Environmental Control System('.ECS"), and other life support systems hat did not safely or properly provide breathableoxygen to the pilot operating he aircraft;

b. they were designed,manufactured, distributed, integrated and sold withthe dangerousand defective propensity to supply the pilot with oxygen contaminatedbyharmful elements and compoundsby the OBOGS, the ECS and the engine bleed airsystem;

c. they were designed,manufactured, distributed, integrated and sold in adangerousand defective condition that ignored the known life support systemsfailuremodes and oxygen contamination modes that were known to BOEING but were notknown to the pilots or maintainersof F-22 Raptor aircraft.

d. they were designed,manufactured, distributed, integrated and sold in adangerous and defective condition that ignored the numerous failures, faults andmalfunctions of the engine bleed air system, including but not limited to overheatconditions and bleed air contamination, such that the enginebleed air is not suitable tosupport the OBOGS, ECS and other life support systemsof the F-22 Raptor aircraft andtheseconditionswere known to BOEING but were not known to the pilots or maintainersof F-22 Raptor aircraft;

e. they were designed,manufactured, distributed, integrated and sold in adangerousand defectivecondition that did not accountfor known failure modes and didnot protect critical life support systemsfrom the impact of bleed air system failures,

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faults and malfunctions;f. they were designed,manufactured,

dangerous and defective life support warningunreliable:

distributed,ntegratedand sold withsensors hat were inadequateand

g. they were designed,manufactured, distributed, integrated and sold withdangerousand defectiveinstructions as therewas nothing to alert pilots or maintainersofthe failures of the life support systerns,which were known to BOEING;

h. they were designed, manufactured, distributed, integrated and sold withdangerousand defective ife support systemwarnings as here were none;

i. they were designed,manufactured,distributed, integrated and sold with adangerousand defective oxygen backup system that did not automatically provide lifesupport or breathableoxygen to the pilot in the eventof amalfunction;

j. they were designed,manufactured, distributed, integrated and sold with adangerousand defective backup oxygen system which could be activated only manually,and whose manual activation mechanismwas locatedunderneathand behind the pilot, inarLarea mpossible for a pilot to reach while he or she maneuvered he sophisticated

. aircraft at speedsexceeding he speed of sound and while he or she experienced orcesmany times the force gravity;

k. they were designed,manufactured,distributed, integratedand sold with adangerousand defective life support systems that did not take all reasonablesteps toprovide the pilots with redundancygiven the known history of OBOGS, ECS and otherlife supportsystems ailures.8. As a direct result of one or more of the aforesaid defects of the F-22 Raptor

aircraft components, ife support systems and engine bleed air systerndesigned,manufactured,distributed, ntegratedand sold by BOEING, plaintiff s decedent,JEFFREY HANEY was killed

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onNovember 6,2010.9' JEFFREY HANEY left surviving him as his next of kin, ANNA HANEy, his

wife; AVA HANEY, his minor daughter;STELLA ROSE HANEY, his minor daughter,aswellas any additional heirs or next of kin entitled to compensationunder the wrongful Death Actchosenby the Court.

10' 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/orany similar Act deemedapplicablebythe Court.

WHEREFORE, plaintiff, ANNA HANEY, as PersonalRepresentativeof the EstateofJEFFREY HANEY, deceased emandsudgment againstdefendant,BOEING coRpoRATIoNin an amount n excessof the minimum amount required for jurisdiction in the Law Division oftheCircuit Courtof Cook County, llinois.

COUNTXII

Plaintiff ANNA HANEY, as Personal Representative of the Estate of JEFFREyHANEY, deceased' complaining of defendant, BOEING coRpoRATIoN, (hereinafter"BOEING"), states:

1' on or beforeNovember 16,2010, BOEING designed,manufactured, ishibuted.integrated and sold certain components in an F-22 Raptor aircraft to the United statesGovernment.

2' on or beforeNovember 16,2[1L,BOEING was the integratorof the life supportsystemsof the F-22 Raptor aircraft and was responsible for the selection of individual lifesupport systems,enginebleed air systemand for the integration and interoperability of each ifesupportsystemand other componentsand systemsof the F-22Raptor aircraft.

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OsupportoRaptor. The F-22 aircraft and its components, ife systemsand enginebleed air system were designed, manufactured, distributed, integrated and sold pursuant togeneral, performance-only contractswith the United StatesGovernment that did not containspecific design specifications.

4. BOEING was given complete latitude in the design and selection of thecomponents, ife support systemsand engine bleed air systemnecessaryand/or appropriate tomeet the performance equirementof the United StatesGovernment.

5. 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.


7. On November 16,2010 and at the time the components,ife supportsystemsandengine bleed air system of the F-22 Raptor aircraft left the control of BOEING, they wereunreasonablydefective n that:

a. they were designed,manufactured,distributed, ntegratedand sold with anOnboard Oxygen Generating System ("OBOGS"), Environmental Control System("ECS"), and other life supportsystems hat did not safely or properly provide breathableoxygen to the pilot operating he aircraft;

b. they were designed,manufactured, distributed, integrated and sold withthe dangerousand defectivepropensity to supply the pilot with oxygen contaminatedbyharmful elements and compounds by the OBOGS, the ECS and the engine bleed airsystem;

c. they were designed, manufactured, distributed, integrated and sold in adangerousand defective condition that ignored the known life support systemsfailure

4 l


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omodes and oxygen contamination modes that were knowknown to the pilots or maintainersof F-22 Raptor aircraft.

BOEING but werenot

d. they were designed,manufactured, distributed, integrated and sold in adangerous and defective condition that ignored the numerous failures, faults andmalfunctions of the engine bleed air system, including but not limited to overheatconditions and bleed air contamination, such that the engine bleed air is not suitable tosupport the OBOGS, ECS and other life support systemsof the F-22 Raptor aircraft andtheseconditions were known to BOEING but were not known to the pilots or maintainersof F-22 Raptor aircraft;

e. they were designed,manufactured, distributed, integrated and sold in adangerousand defective condition that did not account for known failure modes and didnot protect critical life support systemsfrom the impact of bleed air system failures,faults andmalfunctions;

f. they were designed,manufactured, distributed, integrated and sold withdangerous and defective life support warning sensors that were inadequate andunreliable:

g. they were designed,manufactured, distributed, integrated and sold withdangerousand defective instructions astherewas nothing to alert pilots or maintainersofthe failures of the life supportsystems,which were known to BoEING;

h. they were designed,manufactured,distributed, integrated and sold withdangerousand defectivelife supportsysternwarnings as herewere none;

i. they were designed,manufactured,distributed, integratedand sold with adangerousand defective oxygen backup system that did not automatically provide lifesupportor breathableoxygen to the pilot in the eventof a malfunction;

j. they were designed,manufactured,distributed, integratedand sold with a

an to

42


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dangerousand defectivebackup oxygen systemwhich could be activated only manually,and whosemanual activation mechanismwas locatedunderneathand behind the pilot, inan area mpossible for a pilot to reach while he or she maneuvered he sophisticatedaircraft at speedsexceeding he speedof sound and while he or she experienced orcesmany times the force gravity;

they were designed, manufactured, distributed, integrated and sold with a dangerous anddefective life support systems hat did not take all reasonablesteps to provide the pilots withredundancygiven the known history of OBOGS, ECS and other life supportsystems ailures.

8. As a direct result of one or more of the aforesaid defects of the F-22 Raptoraircraft components, ife support systemsand engine bleed air system designed,manufactured,distributed, integratedand sold by BOEING, plaintiff s decedent,JEFFREY HANEY sustainedinjuries of a personaland pecuniary nature, including conscious pain and suffering prior to hisdeathon November 16,2010 and had he survived,he would havebeen entitled o bring a causeof action for suchpersonalandpecuniary njuries, and suchaction has survived him.

9. Plaintifl ANNA HANEY, Personal Representativeof the Estate of JEFFREYHANEY, deceased rings this SurvivalAction, pursuant o 755ILCS 5127-6, ommonlyknownas he Survival Act of the State of Illinois, and/or any other similar Act deemedapplicableby theCourt.

WHEREFORE, plaintiff, ANNA HANEY, as PersonalRepresentativeof the EstateofJEFFREY HANEY, deceased emandsudgment againstdefendant,BOEING CORPORATIONin an amount n excessof the minimum amount required for jurisdiction in the Law Division oftheCircuit Court of Cook Countv. llinois.

COUNTXIIIWroneful Death/NeelieenceBOEING CORpORATION

Plaintiff, ANNA HANEY, as PersonalRepresentativef the Estate of JEFFREy43


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oCORPOANEY, deceased, complaining of defendant, BOEING"BOEING"), states:

RATION, (hereinafter

1' On or beforeNovember 16,2010, BOEING designed,manufactured, istributed,integrated and sold certain components in an F-22 Raptor aircraft to the United StatesGovernment.

2. On or beforeNovernber16,2010,BOEING was the integratorof the life supportsystemsof the F-22 Raptor aircraft and was responsible for the selection of individual lifesupport systems,enginebleed air systemand for the integration and interoperability of each ifesupportsystemand other componentsandsystemsof the F-22 Raptor aircraft.

3' The F-22 Raptor aircraft and its components, ife support systernsand enginebleed air system were designed, manufactured, distributed, integrated and sold pursuant togeneral, performance-only contractswith the United StatesGovernment that did not containspecifi designspecifi ations.

4. BOEING was given complete latitude in the design and selection of thecomponents, ife support systemsand engine bleed air systemnecessary andlor appropriate omeet the performance equirementof the United StatesGovernment.

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

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

7 On or before November 16, 2010,BOEING was negligent,and that negligencewas the causeof the deathof JEFFREY HANEY.

8. The negligence f BoEING consisted f the followins:a. failing to design, manufacture, distribute, integrate and sell a safe and

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oeliable OnboardOxygen GeneratingSystem(..OBOGS,,),System "ECS"), and other life supportsystemshat safely

Environmental Controland properly provided

breathableoxygen to the pilot operating he aircraft;b' failing to design, manufacture, distribute, integrate and sell a safe and

reliable method to supply the pilot with oxygen that was free of harmful contaminantsand compounds hat were introduced by the OBOGS, the ECS and the enginebleed airsystem;

failing to design, manufacture, distribute, integrate and sell safe andreliable life support systems hat accounted or failure modes and oxygen contaminationmodes that were known to BoEING but were not known to the pilots or maintainersofF-22 Raptor aircraft.

d' failing to design, manufacture, distribute, integrate and sell safe andreliable life support systems that accounted for the numerous failures, faults andmalfunctions of the engine bleed air system, including but not limited to overheatconditions and bleed air contamination, such that the engine bleed air is not suitable tosupport the OBOGS, ECS and other life support systemsof the F-22 Raptoraircraft andtheseconditions were known to BOEING but were not known to the pilots or maintainersof F-22 Raptor aircraft;

e' failing to design, manufacture, distribute, integrate and sell safe andreliable life support systems that accounted for known failure modes and protectedcritical life support systems from the impact of bleed air system failures, faults andmalfunctions;

failing to design, manufacture, distribute, integrate and seil safe andreliable life supportsystems hat included adequateandreliable warning sensors;

g. failing to design, manufacture, distribute, integrate and sell safe and45


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owas notheliable nstructionsor the life supportsystems s there ing to alert pilots or

maintainersof the failures of the life supportsystems,which were known to BOEING butwere not known to pilots and maintainersof the F-22 Raptor aircraft;

h' failing to design, manufacture, distribute, integrate and sell safe andreliable life supportsystems hat containedwarnings as herewere none;

i' failing to design, manufacture, distribute, integrate and sell safe andreliable life support systemsthat included a backup oxygen system that automaticallyprovide life supportor breathableoxygen to the pilot in the eventof a malfunction;

j' failing to design, manufacture, distribute, integrate and sell safe andreliable life support systemsbecause heF-22 Raptor included a backup oxygen systemwhich could be activatedonly manually, and whose manual activation mechanismwaslocatedunderneathand behind the pilot, in an area mpossible for a pilot to reach whilehe or she maneuvered he sophisticatedaircraft at speedsexceeding he speedof soundand while he or sheexperienced orcesmany times the force gravity.

k' failing to properly and adequatelydesign, manufacture, ntegrate and sellthe crew life supportsystems, ncluding the OBOGS, ECS and other life support systemsin the F-22Raptor aircraft;

l' failing to properly and adequatelyperform their contracts n good faith toprotect thosewho serve heir country;

m' failing to properly and adequately nform the United StatesGovernmentsothat steps could be taken to train pilots and equip them with necessary back-upequipment;

n' failing to properly and adequately nform the United StatesGovernmentofthe weaknessesand defects n the oBoGS, the ECS, and other life support systemssoadequatemanualscould havebeen prepared or pilots andmaintenancecrews:


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tprovidesupport

Ithe OB. failing to properly and adequately redesign OGS, the ECS" andother life supportsystems o correctknown deficiencies;

p. failing to properly and adequately take all reasonablesteps topilots with redundancygiven the known history of oBoGS, ECS and other lifesystems ailures.9. As a direct result of the negligenceof BOEING, plaintifls decedent, EFFREY

HANEY waskilled on November 16,2010.10' JEFFREY HANEY left surviving him as his next of kin, ANNA HANEy, his

wife; AVA HANEY, his minor daughter;STELLA ROSE HANEY, his minor daughter,aswellas any additional heirs or next of kin entitled to compensationunder the Wrongful Death Actchosenby the Court.

11' ANNA HANEY is the Court Appointed PersonalRepresentative f the EstateofJEFFREY HANEY' deceasedand she brings this cause of action Pursuant to the IllinoisWrongful Death Statute,740 ILCS 180/1,et seq.and/orany similar Act deemedapplicablebythe Court.

WHEREFORE, plaintifq ANNA HANEY, as PersonalRepresentativeof the EstateofJEFFREY HANEY, deceased emandsudgment againstdefendant,BOEING CORPORATIONin an amount in excessof the minimum amount required for jurisdiction in the Law Division ofthe Circuit Court of Cook County, Illinois.

COUNTXIV

Plaintiff ANNA HANEY.HANEY, deceased,complaining"BOEING"), states:

Personal Representative of the Estate of JEFFREydefendant, BOEING CORPORATION, (hereinafter

16, 2010,BOEING designed,manufactured, istributed47

AS

of

l. On or beforeNovember


48/153

andsoldanF-22Raptoraircraft o theUnitedStatesGovernment.2' on or beforeNovember 16,2010,BOEING was the integratorof the life support

systemsof the F-22 Raptor aircraft and was responsible for the selection of individual lifesupport systems,enginebleed air systemand for the integration and interoperability of each ifesupportsystemand other componentsand systemsof the F-22 Raptor aircraft.

3' The F-22 Raptor aircraft and its components, ife support systemsand enginebleed air system were designed, manufactured, distributed and sold pursuant to general,performance-only contracts with the United StatesGovernment that did not contain specificdesignspecifications.

4' BoEING was given complete latitude in the design and selection of thecomponents, ife support systemsand engine bleed air system necessary and/orappropriate omeet the performance equirementof the united statesGovernment.

5' 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.

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

7' On or before Novernber 16,2010, BOEING was negligent,and that negligencewas the causeof the deathof JEFFREY HANEY.

8. Thenegligence f BoEING consisted f the following:a' failing to design, manufacfure, distribute, integrate and sell a safe and

reliable onboard oxygen Generating System ("oBoGS"), the Environmental ControlSystem ("ECS"), and other life support systems that safely and properly providedbreathableoxygen to the pilot operating he aircraft;

b' failing to design, manufacture, distribute, integrate and sell a safe and


49/153

oreliablemethod o supply he pilot with oxygen hat was free of harmful contaminantsandcompoundshat were ntroduced y the oBoGS, the ECSand he enginebleedairsystem;

c' failing to design, manufacture, distribute, integrate and sell safe andreliable life support systems hat accounted or failure modes and oxygen contaminationmodes that were known to BOEING but were not known to the pilots or maintainers ofF-22 Raptor aircraft.

d' failing to design, manufacture, distribute, integrate and sell safe andreliable life support systems that accounted for the numerous failures, faults andmalfunctions of the engine bleed air system, including but not limited to overheatconditions and bleed air contamination, such that the enginebleed air is not suitable tosupport the oBoGS, ECS and other life supporl systemsof the F-22 Raptor aircraft andtheseconditions were known to BOEING but were not known to the pilots or maintainersof F-22 Raptor aircraft;

e' failing to design, manufacture, distribute, integrate and sell safe andreliable life support systems that accounted for known failure modes and protectedcritical life support systems from the impact of bleed air system failures, faults andmalfunctions;

f' failing to design, manufacture, distribute, integrate and sell safe andreliable life supportsystems hat included adequateand reliable warning sensors;

g' failing to design, manufacture, distribute, integrate and sell safe andreliable instructions for the life support systemsas there was nothing to alert pilots ormaintainersof the failures of the life supportsystems,which were known to BoEING butwerenot known to pilots andmaintainersof the F-22 Raptor aircraft;

h' failing to design, manufacture, distribute, integrate and sell safe and49


50/153

reliable life supportsystems hat containedwarnings as herewere none;i' failing to design, manufacture, distribute, integrate and sell safe and

reliable life support systems hat included a backup oxygen system that automaticallyprovide life supportor breathableoxygen to the pilot in the eventof a malfunction;

j' failing to design, manufacture, distribute, integrate and sell safe andreliable life support systemsbecause heF-22 Raptor included a backup oxygen systemwhich could be activatedonly manually, and whose manual activation mechanism waslocatedunderneathand behind the pilot, in an area mpossible for a pilot to reachwhilehe or she maneuvered he sophisticatedaircraft at speedsexceeding he speedof soundandwhile he or sheexperienced orcesmany times the force gravity.

k. failing to properly and adequatelydesign,manufacture, ntegrateand sellthe crew life support systems, ncluding the OBOGS, ECS and other life support systemsin the F-22Raptor aircraft;

l. failing to properly and adequatelyperform their contracts n good faith toprotectthosewho serve heir country;

m. failing to properly and adequately nform the United StatesGovernmentsothat steps could be taken to train pilots and equip them with necessary back-upequipment;

n. failing to properly and adequately nform the United StatesGovernmentofthe weaknessesand defects n the OBOGS, the ECS, and other life support systemssoadequatemanualscould havebeen prepared or pilots and maintenancecrews;

o- failing to properly and adequatelyredesign the oBoGS, the ECS. andother life supportsystems o correctknown deficiencies;

p' failing to properly and adequately take all reasonablesteps to providepilots with redundancygiven the known history of OBOGS, ECS and other life support


51/153

systemsailures;q. failing to properlyand adequatelyake all reasonable teps o

pilotswith redundancy iven heknownhistoryof oBoGS, ECSandother ifeprovidesupport

systems ailures.9. As a direct result the negligenceof BOEING, plaintiffs decedent,JEFFREy

HANEY sustained njuries of a personal and pecuniary nature, including consciouspain andsuffering prior to his death on November 16, 2010 and had he survived, he would have beenentitled to bring a causeofaction for suchpersonaland pecuniary injuries, and such action hassurvivedhim.

10. Plaintiff, ANNA HANEY, Personal Representativeof the Estate of JEFFREyHANEY, deceased rings this SurvivalAction, pursuant o 755ILCS 5127-6, ommonlyknownas he Survival Act of the Stateof Illinois, and/orany other similar Act deemedapplicableby theCourt.

WHEREFORE, plaintiff, ANNA HANEY, as PersonalRepresentativeof the EstateofJEFFREY HANEY, deceased emandsudgment againstdefendant,BOEING CORPORATIONin an amount in excessof the minimum amount required for jurisdiction in the Law Division ofthe Circuit Court of Cook County. llinois.

Plaintiff, ANNA HANEY,HANEY, deceased, complaining"BOEING"), states:

1. On or beforeNovemberand sold certaincomponents n anF-22

2. On or before November

Personal Representative of the Estate of JEFFREydefendant, BOEING CORPORATION, (hereinafter

16, 2010,BOEING designed,manufactured, istributedRaptor aircraft to the United StatesGovernmenr.16,2010, BOEING was the integratorof the life support

AS

of

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osystemsof the F-22 Raptor aircraft and was responsible for the selection of individual lifesupport systerns,enginebleed air systemand for the integration and interoperability of each ifesupportsystemandother componentsand systemsof the F_22Raptor aircraft.

3' The F-22 Raptor aircraft and its components, ife support systemsand enginebleed air system were designed, manufactured, distributed and sold pursuant to general,performance-only contracts with the United StatesGovernment that did not contain specificdesignspecifications.

4' BOEING was given complete latitude in the design and selection of thecomponents, ife support systemsand engine bleed air systemnecessaryand/or appropriate omeet the performance equirernentof the united StatesGovernment.

5' There existed on November 76, 2010 certainwarrantiesof fitness for a particularpulpose and merchantability that were implied from the contracts hat were entered nto betweenthe united StatesGovernmentandBoEING regardlessof any writing to eliminate or limit them.

6' The warranty of fitnessfor a particular pu{posewas breachedby BOEING in thatthe life support systemsof the F-22Raptor aircraft were completely and

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