1

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

 

DAVID CHUKWUNONSO ALLISON, ) 

Personal Representative of the ) 

Estate of JOY CHIEDOZIE ALLISON, ) 

Deceased, ) 

 ) 

 PLAINTIFF, ) 

 ) 

 v. ) 

 ) 

 ) 

THE BOEING COMPANY ) 

 ) Civil Action No. 12 CV 4441 

 and ) 

 ) 

UNITED TECHNOLOGIES ) 

CORPORATION, ) 

 ) 

 ) 

 DEFENDANTS. ) 

 

 

SECOND AMENDED COMPLAINT

 The plaintiff David Chukwunonso Allison, personal representative of the 

Estate of Joy Chiedozie Allison, deceased, for his causes of action against The 

Boeing Company and United Technologies Corporation, Pratt & Whitney Division, 

alleges as follows: 

 

THE PARTIES 

 

 1. Joy Chiedozie Allison was a passenger on a Boeing MD-83 aircraft, 5NRAM, which crashed on June 3, 2012, during a forced landing following a total loss 

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of power in both engines while on approach to Muhammed Murtala Airport in 

Lagos, Nigeria. 

 2. Joy Chiedozie Allison lost her life as a result of the crash and is 

survived by her husband, Plaintiff David Chukwunonso Allison, and their one year 

old daughter, Naomi Isioma Allison. 

 3. The plaintiff brings this lawsuit as the de facto personal 

representative of the estate of Joy Chiedozie Allison, for the benefit of the estate, 

Naomi Isioma Allison and himself. 

 4. Defendant The Boeing Company has its principal place of business in 

Chicago Illinois, and at all relevant times was engaged in the design, manufacture, 

testing, inspection, assembly, labeling, advertising, sale, promotion, and/or 

distribution of commercial jetliners and their component parts, for ultimate sale 

and/or use in the United States and other countries. 

 5. At all times material hereto, Defendant The Boeing Company has 

sold, delivered, and/or distributed such products including Boeing MD-83 model 

aircraft generally and N944AS in particular, which later was registered as 5NRAM and crashed on June 3, 2012. 

 6. The subject aircraft was designed, manufactured, sold and after sale 

supported by The Boeing Company for use in the United States and other 

countries, including Nigeria, to be used by a foreseeable class of persons, of whom 

Joy Chiedozie Allison was a member, consisting of those persons who may be 

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passengers of aircraft manufactured and distributed by Defendant The Boeing 

Company. 

 7. At all times material hereto, Defendant The Boeing Company was 

acting by and through its agents, servants and/or employees, each of whom were 

acting within the course and scope of their employment with this Defendant. 

 8. At certain times in the past McDonnell Douglas Corporation was 

engaged in the design, manufacture, testing, inspection, assembly, labeling, 

advertising, sale, promotion, and/or distribution of commercial jetliners and their 

component parts for ultimate sale and/or use in the United States and in countries 

such as Nigeria. 

 9. McDonnell Douglas has sold, delivered, and/or distributed such 

products including the Boeing MD-83 aircraft herein referenced for ultimate sale 

and/or use in the United States and other countries, including Nigeria, to be used 

by a foreseeable class of persons, of whom Joy Chiedozie Allison was a member, 

consisting of those persons who may be passengers of aircraft manufactured and 

distributed by McDonnell Douglas. 

 10. McDonnell Douglas and The Boeing Company merged subsequent to 

the date of the subject airplane crash and Defendant The Boeing Company assumed 

certain liabilities of McDonnell Douglas, including the liability for any personal 

injury and/or wrongful death claims arising out of the design and manufacture of 

McDonnell Douglas Corporation products, specifically including the subject MD-83 

airplane. 

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 11. Defendant United Technologies Corporation, Pratt & Whitney 

Division, is engaged in the design, manufacture, testing, inspection, assembly, 

labeling, advertising, sale, promotion, and/or distribution of airplane engines for 

ultimate sale and/or use in the United States and other countries, including 

Nigeria. 

12. At all times material hereto defendant United Technologies 

Corporation, Pratt & Whitney Division has sold, delivered, and/or distributed such 

products including the JT8D-219 engines used on Boeing MD-83 aircraft including 

the aircraft that crashed, for ultimate sale and/or use in the United States and 

other countries including Nigeria, to be used by a foreseeable class of persons, of 

whom Joy Chiedozie Allison was a member, consisting of those persons who may be 

passengers on airplanes using Pratt & Whitney brand engines. 

13. At all times material hereto, defendant United Technologies 

Corporation, Pratt & Whitney Division was acting by and through its agents, 

servants and/or employees, each of whom were acting within the course and scope of 

their employment with defendant United Technologies Corporation, Pratt & 

Whitney Division. 

14. 5N-RAM and the JT8D-219 engines powering it on June 3, 2012, were 

certificated in the United States and were supposed to be designed, manufactured, 

sold and supported in accordance with the safety principles set forth in the United 

States federal statutory and regulatory aviation safety program administered by 

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the Federal Aviation Authority, and the parallel system of state statutory and 

common law safety standards and remedies. 

JURISDICTION 

15. At the time of the subject air crash 153 natural persons were on board 

the Boeing MD-83 (147 passengers and six crew members), all of whom lost their 

lives, along with ten confirmed ground fatalities, as a result of the crash. 

16. Therefore, this Court has jurisdiction over this action under 28 U.S.C. 

§ 1369. 

VENUE 

17. Venue is proper in this district pursuant to 28 U.S.C. §1391(g) because 

the corporate defendants each “reside” in this district within the meaning of 28 

U.S.C. §1391(c). 

THE CRASH AND POST-CRASH INVESTIGATION 

 

18. On or about June 3, 2012, Joy Chiedozie Allison was a passenger on 

Dana Air Flight 0992 from Abuja to Lagos, Nigeria. 

19. Nigeria’s Accident Investigation Bureau (AIB) has instituted an 

investigation of the crash. 

20. According to the AIB: “As the State of manufacture of the airplane and 

engine, a US Accredited Representative has been appointed and assisted by US 

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technical advisors from the NTSB, US Federal Aviation Administration, Boeing 

Airplane Company, and Pratt & Whitney Engines.”1

21. Visual meteorological conditions prevailed at the time of the crash and 

weather was not a factor in causing it to occur. 

22. Two flight recorders were recovered from the wreckage, the Cockpit 

Voice Recorder (CVR) and the flight data recorder (FDR), which were both analyzed 

at the facilities of the United States National Transportation Safety Board (NTSB) 

in Washington, D.C. 

23. The memory in the CVR was in good condition and retained 31 

minutes of audio information. 

24. The digital tape based memory in the FDR succumbed to the postcrash fire and melted, consequently no data could be recovered. 

25. According to the cockpit voice recorder, at 3:42:10 p.m. local time while 

the aircraft was on final approach to runway 18R, the flight crew reported a total 

loss of power to air traffic control stating: "dual engine failure . . . negative response 

from throttle." 

26. At 3:43:27 hours, the Captain informed the First Officer: "we just lost 

everything, we lost an engine. I lost both engines". 

27. During the next 25 seconds when CVR recording ended, the flight crew 

was attempting, unsuccessfully, to restart the engines. 

 

1 AIB Interim Report 2a, UPDATED REPORT ON DANA AIR 0992, 5N-RAM CRASH OF 03/06/2012 

IN LAGOS, attached as Exhibit 1. The facts which follow in this section have been taken from this 

report, which is adopted by reference. 

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28. The airplane then crashed in a residential area about 5.8 miles north 

of the airport on approximately the extended centerline of runway 18R. 

29. During the impact sequence, the airplane struck a building under 

construction, two trees and three buildings. The wreckage was confined, with the 

separated tail section and engines located at the beginning of the debris field. 

30. The aircraft was mostly consumed by post-crash fire. 

31. The tail section, both engines and portions of both wings, representing 

only about 15% of the aircraft, were recovered from the accident site for further 

examination. 

32. The captain was a United States citizen and FAA certified air 

transport pilot with over 16,000 hours as pilot in command, including 7,461 hours 

in MD-80 series aircraft. 

33. A review of the aircraft technical logs of the previous 30 days did not 

indicate any abnormal condition. 

34. The airplane had last undergone maintenance on June 1, 2012, and 

after a return to service flight on June 2, 2012, it was operated on four flights 

without negative incident. 

35. The aircraft had sufficient fuel aboard to safely complete the flight 

including or any necessary diversion to an alternate airport, and preliminary 

analysis of fuel samples from the refueling truck and the supply tank where the 

aircraft last took on fuel were negative for contamination. 

36. The investigation is continuing. 

 

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PLAINTIFF’S INJURIES AND DAMAGES 

 

37. As a direct and proximate result of defendants’ design, manufacture, 

sale, shipment, distribution, maintenance, service, operation, ownership, leasing, 

and transfer of the subject aircraft and its component parts in a dangerous and 

defective condition, and improperly certified, Joy Chiedozie Allison was killed. By 

virtue of her untimely death, plaintiff and his daughter are lawfully entitled to such 

damages as are fair and just for the death and loss thus occasioned, including but 

not limited to the pecuniary and non-pecuniary losses suffered by reason of the 

death, funeral expenses, and the reasonable value of the services, consortium, 

companionship, comfort, instruction, guidance, counsel, training, and support of 

which plaintiff and his daughter have been deprived by reason of such death, 

further including the past and future lost income, household services, and other 

value of benefits which would have been provided by the deceased. 

38. Plaintiff further claims such damages as the deceased may have 

suffered between the time of injury and the time of death and for the recovery of 

which the deceased might have maintained an action had death not ensued 

including, but not limited to, mental anguish, physical disability, conscious pain 

and suffering, pre-impact terror, and further considering the aggravating 

circumstances attendant upon the fatal injury. 

COUNT I 

 

(STRICT LIABILITY -- DEFECTIVE DESIGN AND MANUFACTURE 

BY DEFENDANT THE BOEING COMPANY) 

 

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39. Plaintiff hereby incorporates by reference, as though fully set out 

herein, all preceding paragraphs of this complaint as if fully pleaded in this Count. 

40. Defendant The Boeing Company designed, manufactured, assembled, 

supplied, distributed, or sold the aforementioned aircraft and/or related component 

parts used therein in the course of its business. 

41. The aforesaid aircraft and/or related component parts used therein 

were then in a defective condition, unreasonably dangerous when put to their 

reasonably anticipated uses for reasons including, but not limited to, the following: 

(a) The aircraft was defective as designed and/or 

manufactured resulting in a loss of all power and 

airworthiness while the aircraft was being used during 

its useful life for its normal and intended purposes; 

and/or 

(b) The engines were defective as designed and/or 

manufactured resulting in a loss of all power and 

airworthiness while the aircraft and engines were 

being used during their useful lives for their normal 

and intended purposes. 

42. The aforesaid aircraft and its component parts were used in a manner 

reasonably anticipated by Defendant The Boeing Company. 

43. Plaintiff as heretofore set forth suffered damages as a direct and 

proximate result of said defective conditions as existed when the aircraft was sold 

by this defendant resulting in the death of Joy Chiedozie Allison. 

 WHEREFORE, Plaintiff David Chukwunonso Allison prays judgment against 

Defendant The Boeing Company for damages as follows: 

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(A) For actual damages as are fair and reasonable for the wrongful death 

of Joy Chiedozie Allison; 

(B) For plaintiff’s costs herein expended; and 

(C) For such other and further relief as this Court deems just and proper. 

COUNT II 

 

(NEGLIGENCE -- FAILURE OF DEFENDANT BOEING TO USE ORDINARY 

CARE TO DESIGN AND MANUFACTURE AIRCRAFT) 

44. Plaintiff hereby incorporates by reference, as though fully set out 

herein, all preceding paragraphs of this complaint as if fully pleaded in this Count. 

45. Defendant Boeing designed, manufactured, assembled, supplied, 

distributed, or sold the aforementioned aircraft and/or related component parts 

used therein in the course of its business. 

46. Defendant Boeing held itself out as an entity which could carefully and 

competently design, manufacture, select materials for, design maintenance 

programs for, inspect, supply, distribute, and sell aircraft. 

47. Defendant Boeing had a duty to use that degree of care that an 

ordinarily careful and prudent designer, manufacturer, and seller of aircraft and 

component parts would use under the same or similar circumstances. 

48. The aircraft, and related component parts designed, manufactured, 

and sold by Defendant Boeing were defective and otherwise flawed which caused 

this aircraft to crash. 

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49. Defendant Boeing knew or by using ordinary care should have known 

of the potential of such dangerous condition as was created by its failure to properly 

design, manufacture, and sell safe aircraft and component parts in that: 

(a) The aircraft was defective as designed and/or 

manufactured resulting in a loss of all power and 

airworthiness while the aircraft was being used during 

its useful life for its normal and intended purposes; 

and/or 

(b) The engines were defective as designed and/or 

manufactured resulting in a loss of all power and 

airworthiness while the aircraft and engines were 

being used during their useful lives for their normal 

and intended purposes. 

50. Plaintiff’s deceased was killed as a direct and proximate result of the 

negligence and carelessness of Defendant Boeing as further set out above. 

WHEREFORE, Plaintiff David Chukwunonso Allison prays judgment against 

Defendant The Boeing Company for damages as follows: 

(A) For actual damages as are fair and reasonable for the wrongful death 

of Joy Chiedozie Allison; 

(B) For plaintiff’s costs herein expended; and 

(C) For such other and further relief as this Court deems just and proper. 

COUNT III 

(STRICT LIABILITY - - FAILURE TO WARN BY 

DEFENDANT THE BOEING COMPANY) 

 

51. Plaintiff hereby incorporates by reference, as though fully set out 

herein, all preceding paragraphs of this complaint as if fully pleaded in this Count. 

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52. The aircraft, which crashed on June 3, 2012, was then unreasonably 

dangerous when put to a reasonably anticipated use without knowledge of its 

characteristics. 

53. That at all times pertinent hereto, Defendant The Boeing Company 

failed to provide an adequate warning as to the danger of use of said aircraft which 

was then unreasonably dangerous. 

54. The aircraft was used in a manner reasonably anticipated. Defendant 

The Boeing Company had both an original and continuing duty to monitor the 

airworthiness of its aircraft and to make such repair and maintenance modifications 

and recommendations and warnings as necessary to assure the reasonable safety of 

passengers on the aircraft. 

55. Defendant The Boeing Company breached its continuing duty in that it 

failed to properly and timely report known and suspected aircraft component 

defects and thereby breached the duty to repair, replace, recall, inform and warn 

operators, users, passengers and others of the known malfunctions and defects. 

56. Joy Chiedozie Allison was killed as a direct result of the sale, use, 

operation, and service of the aircraft without an adequate warning or direction as to 

its monitoring, repair, replacement, servicing, hazards, and conditions. 

57. By virtue of Joy Chiedozie Allison’s untimely death, plaintiff is 

lawfully entitled to such damages as are fair and just for the death and loss thus 

occasioned, including but not limited to the pecuniary losses suffered by reason of 

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the death, funeral expenses, and the reasonable value of the services, consortium, 

companionship, comfort, instruction, guidance, counsel, training, and support of 

which Plaintiff has been deprived by reason of such death, further including the 

past and future lost income, household services, and other value of benefits which 

would have been provided by the deceased. 

58. Plaintiff’s deceased was killed as a direct and proximate result of the 

negligence and carelessness of Defendant Boeing as further set out above. 

WHEREFORE, Plaintiff David Chukwunonso Allison prays judgment against 

Defendant The Boeing Company for damages as follows: 

(A) For actual damages as are fair and reasonable for the wrongful death 

of Joy Chiedozie Allison; 

(B) For plaintiff’s costs herein expended; and 

(C) For such other and further relief as this Court deems just and proper. 

COUNT IV 

 

(NEGLIGENCE - - FAILURE OF DEFENDANT THE BOEING COMPANY 

TO WARN OF KNOWN HAZARD) 

 

59. Plaintiff hereby incorporates by reference, as though fully set out 

herein, all preceding paragraphs of this complaint as if fully pleaded in this Count. 

60. The aircraft and its component parts, designed, manufactured and sold 

by Defendant The Boeing Company was in a defective condition and unreasonably 

dangerous. 

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61. Defendant The Boeing Company failed to use ordinary care to 

adequately warn foreseeable users of the risk of harm from use of the subject 

aircraft and component parts in that said systems contained hazards of such 

magnitude so as to create massive and instantaneous failures. 

62. Defendant The Boeing Company failed to use ordinary care to 

adequately warn foreseeable users of the risk of harm from the defective design of 

the aircraft engines in that said engines would fail to and the aircraft would crash. 

63. Defendant The Boeing Company had both an original and continuing 

duty to monitor the airworthiness of its aircraft and component parts used in the 

course of its business and to make such repair and maintenance modifications and 

recommendations and warnings as necessary to assure the reasonable safety of 

persons using said aircraft. 

64. Defendant The Boeing Company failed to properly and timely report 

known and suspected defects, malfunctions, and failures including the precise 

nature and mechanism of the defect, malfunction and failure in the aircraft which is 

the subject of this lawsuit and thereby breached its duty to repair, replace, recall, 

inform and warn operators, users, passengers, and others of the known and 

anticipated malfunctions, problems, safety hazards and defects associated with the 

use and continued use of the aircraft and component parts. 

65. Defendant The Boeing Company failed to report, warn, instruct, recall, 

replace, repair, inspect, test, investigate and monitor the safety and related hazards 

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of the subject aircraft and component parts wherein it had an initial and continuing 

duty and obligation to do so. 

66. Defendant The Boeing Company issued improper and tardy service 

bulletins in regard to the aircraft. 

67. Defendant The Boeing Company should have issued or requested 

issuance of proper Airworthiness Directives. 

68. Joy Chiedozie Allison was killed as a direct result of the sale, use, 

operation, and service of the aircraft without an adequate warning or direction as to 

its monitoring, repair, replacement, servicing, hazards, and conditions. 

69. By virtue of Joy Chiedozie Allison’s untimely death, Plaintiff is 

lawfully entitled to such damages as are fair and just for the death and loss thus 

occasioned, including but not limited to the pecuniary losses suffered by reason of 

the death, funeral expenses, and the reasonable value of the services, consortium, 

companionship, comfort, instruction, guidance, counsel, training, and support of 

which Plaintiff has been deprived by reason of such death, further including the 

past and future lost income, household services, and other value of benefits which 

would have been provided by the deceased. 

70. Plaintiff’s deceased was killed as a direct and proximate result of the 

negligence and carelessness of Defendant The Boeing Company as further set out 

above. 

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WHEREFORE, Plaintiff David Chukwunonso Allison prays judgment against 

Defendant The Boeing Company for damages as follows: 

(A) For actual damages as are fair and reasonable for the wrongful death 

of Joy Chiedozie Allison; 

(B) For plaintiff’s costs herein expended; and 

(C) For such other and further relief as this Court deems just and proper. 

COUNT V 

 

(STRICT LIABILITY -- DEFECTIVE DESIGN AND MANUFACTURE 

BY DEFENDANT UTC, PRATT & WHITNEY DIVISION) 

 

71. Plaintiff hereby incorporates by reference, as though fully set out 

herein, all preceding paragraphs of this complaint as if fully pleaded in this Count. 

72. Defendant United Technologies Corporation, Pratt & Whitney 

Division, designed, manufactured, assembled, supplied, distributed, or sold the 

aforementioned aircraft engines and/or related component parts used therein in the 

course of its business. 

73. The aforesaid aircraft engines and/or related component parts used 

therein were then in a defective condition, unreasonably dangerous when put to 

their reasonably anticipated uses for reasons in that they were defective as 

designed and/or manufactured resulting in a loss of all power and airworthiness 

while the engines were being used during their useful lives for their normal and 

intended purposes. 

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74. Plaintiff as heretofore set forth suffered damages as a direct and 

proximate result of said defective conditions as existed when the aircraft engines 

were sold by this defendant resulting in the death of Joy Chiedozie Allison. 

 WHEREFORE, Plaintiff David Chukwunonso Allison prays judgment against 

United Technologies Corporation, Pratt & Whitney Division for damages as follows: 

(A) For actual damages as are fair and reasonable for the wrongful death 

of Joy Chiedozie Allison; 

(B) For plaintiff’s costs herein expended; and 

(C) For such other and further relief as this Court deems just and proper. 

COUNT VI 

(NEGLIGENCE -- FAILURE OF DEFENDANT UTC PRATT & WHITNEY 

DIVISION TO USE ORDINARY CARE TO DESIGN AND MANUFACTURE 

AIRCRAFT ENGINES) 

75. Plaintiff hereby incorporates by reference, as though fully set out 

herein, all preceding paragraphs of this complaint as if fully pleaded in this Count. 

76. Defendant United Technologies Corporation, Pratt & Whitney 

Division, designed, manufactured, assembled, supplied, distributed, or sold the 

aforementioned aircraft engines and/or related component parts used therein in the 

course of its business. 

77. Defendant United Technologies Corporation, Pratt & Whitney Division 

held itself out as an entity which could carefully and competently design, 

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manufacture, select materials for, design maintenance programs for, inspect, 

supply, distribute, and sell aircraft engines and/or related component parts. 

78. Defendant United Technologies Corporation, Pratt & Whitney Division 

had a duty to use that degree of care that an ordinarily careful and prudent 

designer, manufacturer, and seller of aircraft engines and/or component parts would 

use under the same or similar circumstances. 

79. The aircraft engines, and/or related component parts designed, 

manufactured, and sold by Defendant United Technologies Corporation, Pratt & 

Whitney Division were defective and otherwise flawed which caused this aircraft to 

crash. 

80. Defendant United Technologies Corporation, Pratt & Whitney Division 

knew or by using ordinary care should have known of the potential of such 

dangerous condition as was created by its failure to properly design, manufacture, 

and sell safe aircraft engines and/or and component parts. 

81. Defendant United Technologies Corporation, Pratt & Whitney Division 

was negligent in designing, manufacturing and distributing the aforesaid aircraft 

engines and/or related component parts used therein in a defective condition, it 

either knew or should have known made them unreasonably dangerous when put to 

their reasonably anticipated uses for reasons in that they were defective as 

designed and/or manufactured resulting in a loss of all power and airworthiness 

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while the engines were being used during their useful lives for their normal and 

intended purposes. 

82. Plaintiff’s deceased was killed as a direct and proximate result of the 

negligence and carelessness of Defendant United Technologies Corporation, Pratt & 

Whitney Division as further set out above. 

WHEREFORE, Plaintiff David Chukwunonso Allison prays judgment against 

United Technologies Corporation, Pratt & Whitney Division for damages as follows: 

(A) For actual damages as are fair and reasonable for the wrongful death 

of Joy Chiedozie Allison; 

(B) For plaintiff’s costs herein expended; and 

(C) For such other and further relief as this Court deems just and proper. 

COUNT VII 

(STRICT LIABILITY - - FAILURE TO WARN BY 

DEFENDANT UTC PRATT & WHITNEY DIVISION) 

 

83. Plaintiff hereby incorporates by reference, as though fully set out 

herein, all preceding paragraphs of this complaint as if fully pleaded in this Count. 

84. The aircraft engines, which caused the aircraft to crash on June 3, 

2012, were then unreasonably dangerous when put to a reasonably anticipated use 

without knowledge of its characteristics. 

85. That at all times pertinent hereto, Defendant United Technologies 

Corporation, Pratt & Whitney Division failed to provide an adequate warning as to 

the danger of use of said aircraft engines which were then unreasonably dangerous. 

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86. The aircraft engines were used in a manner reasonably anticipated. 

Defendant United Technologies Corporation, Pratt & Whitney Division had both an 

original and continuing duty to monitor the airworthiness of its aircraft engines and 

to make such repair and maintenance modifications and recommendations and 

warnings as necessary to assure the reasonable safety of passengers on the aircraft. 

87. Defendant United Technologies Corporation, Pratt & Whitney Division 

breached its continuing duty by failing to properly and timely report known and 

suspected aircraft engine component defects and thereby breached their duty to 

repair, replace, recall, inform and warn operators, users, passengers and others of 

the known malfunctions and defects. 

88. Joy Chiedozie Allison was killed as a direct result of the sale, use, 

operation, and service of the aircraft engines without an adequate warning or 

direction as to its monitoring, repair, replacement, servicing, hazards, and 

conditions. 

89. By virtue of Joy Chiedozie Allison’s untimely death, Plaintiff is 

lawfully entitled to such damages as are fair and just for the death and loss thus 

occasioned, including but not limited to the pecuniary losses suffered by reason of 

the death, funeral expenses, and the reasonable value of the services, consortium, 

companionship, comfort, instruction, guidance, counsel, training, and support of 

which Plaintiff has been deprived by reason of such death, further including the 

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past and future lost income, household services, and other value of benefits which 

would have been provided by the deceased. 

90. Plaintiff’s deceased was killed as a direct and proximate result of the 

negligence and carelessness of Defendant United Technologies Corporation, Pratt & 

Whitney Division as further set out above. 

WHEREFORE, Plaintiff David Chukwunonso Allison prays judgment against 

United Technologies Corporation, Pratt & Whitney Division for damages as follows: 

(A) For actual damages as are fair and reasonable for the wrongful death 

of Joy Chiedozie Allison; 

(B) For plaintiff’s costs herein expended; and 

(C) For such other and further relief as this Court deems just and proper. 

COUNT VIII 

 

(NEGLIGENCE - - FAILURE OF DEFENDANT UTC 

TO WARN OF A KNOWN HAZARD) 

 

91. Plaintiff hereby incorporates by reference, as though fully set out 

herein, all preceding paragraphs of this complaint as if fully pleaded in this Count. 

92. The aircraft engines and its component parts, designed, manufactured 

and sold by Defendant United Technologies Corporation, Pratt & Whitney Division 

were in a defective condition and unreasonably dangerous. 

93. Defendant United Technologies Corporation, Pratt & Whitney Division 

failed to use ordinary care to adequately warn foreseeable users of the risk of harm 

from use of the subject aircraft engines and component parts in that said systems 

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contained hazards of such magnitude so as to create massive and instantaneous 

failures. 

94. Defendant United Technologies Corporation, Pratt & Whitney Division 

failed to use ordinary care to adequately warn foreseeable users of the risk of harm 

from the defective design of the aircraft engines in that said engines would fail and 

the aircraft would crash. 

95. Defendant United Technologies Corporation, Pratt & Whitney Division 

had both an original and continuing duty to monitor the airworthiness of its aircraft 

engines and/or component parts used in the course of its business and to make such 

repair and maintenance modifications and recommendations and warnings as 

necessary to assure the reasonable safety of persons using said aircraft engines. 

96. Defendant United Technologies Corporation, Pratt & Whitney Division 

failed to properly and timely report known and suspected defects, malfunctions, and 

failures including the precise nature and mechanism of the defect, malfunction and 

failure in the aircraft engines which is the subject of this lawsuit and thereby 

breached its duty to repair, replace, recall, inform and warn operators, users, 

passengers, and others of the known and anticipated malfunctions, problems, safety 

hazards and defects associated with the use and continued use of the aircraft 

engines and/or component parts. 

97. Defendant United Technologies Corporation, Pratt & Whitney Division 

failed to report, warn, instruct, recall, replace, repair, inspect, test, investigate and 

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monitor the safety and related hazards of the subject aircraft engines and/or 

component parts wherein it had an initial and continuing duty and obligation to do 

so. 

98. Defendant United Technologies Corporation, Pratt & Whitney Division 

issued improper and tardy service bulletins in regard to the aircraft. 

99. Defendant United Technologies Corporation, Pratt & Whitney Division 

should have issued or requested issuance of proper Airworthiness Directives. 

100. Joy Chiedozie Allison was killed as a direct result of the sale, use, 

operation, and service of the aircraft engines without an adequate warning or 

direction as to its monitoring, repair, replacement, servicing, hazards, and 

conditions. 

101. By virtue of Joy Chiedozie Allison’s untimely death, Plaintiff is 

lawfully entitled to such damages as are fair and just for the death and loss thus 

occasioned, including but not limited to the pecuniary losses suffered by reason of 

the death, funeral expenses, and the reasonable value of the services, consortium, 

companionship, comfort, instruction, guidance, counsel, training, and support of 

which Plaintiff has been deprived by reason of such death, further including the 

past and future lost income, household services, and other value of benefits which 

would have been provided by the deceased. 

Case: 1:12-cv-04441 Document #: 24 Filed: 10/01/12 Page 23 of 26 PageID #:166
24

102. Plaintiff’s deceased was killed as a direct and proximate result of the 

negligence and carelessness of Defendant United Technologies Corporation, Pratt & 

Whitney Division as further set out above. 

WHEREFORE, Plaintiff David Chukwunonso Allison prays judgment against 

United Technologies Corporation, Pratt & Whitney Division for damages as follows: 

(A) For actual damages as are fair and reasonable for the wrongful death 

of Joy Chiedozie Allison; 

(B) For plaintiff’s costs herein expended; and 

(C) For such other and further relief as this Court deems just and proper. 

COUNT IX - XVI 

(SURVIVAL ACTIONS) 

 

103. The plaintiff incorporates Counts I though VIII by reference as Counts 

IX through XVI as though fully set out herein. 

104. In Counts IX through XVI, all remedies available to the Estate of Joy 

Chiedozie Allison are claimed, including, but not limited to, damages for her bodily 

injury, conscious pain and suffering and severe terror before death. 

105. Substantively, Count IX mirrors Count I; Count X mirrors Count II; 

Count XI mirrors Count III and Count XII mirrors Count IV; Count XIII mirrors 

Count V; Count XIV mirrors Count VI; Count XV mirrors Count VII and Count XVI 

mirrors Count VIII. 

WHEREFORE, Plaintiff David Chukwunonso Allison prays judgment against 

The Boeing Company in Counts IX through XII; and United Technologies 

Case: 1:12-cv-04441 Document #: 24 Filed: 10/01/12 Page 24 of 26 PageID #:167
25

Corporation, Pratt & Whitney Division in Counts XIII through XVI, for damages as 

follows: 

(A) For actual damages as are fair and reasonable for the conscious pain 

and suffering and other damages due the Estate of Joy Chiedozie 

Allison; 

(B) For plaintiff’s costs herein expended; and 

(C) For such other and further relief as this Court deems just and proper. 

 

DEMAND FOR JURY TRIAL 

 

 Plaintiff respectfully demands a trial by jury of all issues set out herein. 

 

 /s/ David E. Rapoport______________ 

 ONE OF PLAINTIFF’S ATTORNEYS 

 

 Respectfully submitted, 

 

 David E. Rapoport, 6181294 

Michael L. Teich, 6216938 

Joshua L. Weisberg, 6287650 

Lindsey A. Epstein, 6305804 

RAPOPORT LAW OFFICES, P.C. 

20 North Clark Street, Suite 3500 

Chicago, Illinois 60602 

Telephone: (312) 327-9880 

Facsimile: (312) 327-9881 

 Gary C. Robb 

 ROBB & ROBB LLC 

 One Kansas City Place, Suite 3900 

 1200 Main Street 

 Kansas City, Missouri 64105 

 Telephone: (816) 474-8080 

Case: 1:12-cv-04441 Document #: 24 Filed: 10/01/12 Page 25 of 26 PageID #:168
26

 Facsimile: (816) 474-8081 

 Chuck N. Chionuma 

 CHIONUMA LAW FIRM, ESQ. 

 3339 Troost Avenue 

 Kansas City, MO 64109 

 (816)421-5544 

 PRO HAC VICE 

 RICHARD F. MALLEN & 

 ASSOCIATES, LTD.

 RICHARD F. MALLEN 

 BRIAN R. HECHT 

 228 South Wabash, 7th Floor 

 Chicago, Illinois 60604 

 Telephone: (312) 346-0500 

 Facsimile: (312) 346-5778 

 

 

 

 

 

 

 

CERTIFICATE OF SERVICE 

 

I hereby certify that on this 1st day of October, 2012, the foregoing was 

electronically filed with the U.S. District Court Clerk, Northern District of Illinois, 

Eastern Division, by using the CM/ECF system, which will send a notice of 

electronic filing to all CM/ECF participants. 

/s/ David E. Rapoport

David E. Rapoport, #6181294 

Rapoport Law Offices, P.C. 

20 North Clark Street, Suite 3500 

Chicago, Illinois 60602 

(312) 327-9880 

(312) 327-9881 (fax) 

Email: drapoport@rapoportlaw.com

 

Case: 1:12-cv-04441 Document #: 24 Filed: 10/01/12 Page 26 of 26 PageID #:169