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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

IN RE ETHIOPIAN AIRLINES FLIGHT 

ET 302 CRASH

JANE WANGUI WAITHAKA, JOSHUA 

WAITHAKA KURIA, and PETER MWANGI 

WAITHAKA, as Co-Administrators Ad Litem 

of the Estate of JOSEPH KURIA 

WAITHAKA, deceased,

Plaintiff,

v.

THE BOEING COMPANY, a Delaware 

corporation;

ROSEMOUNT AEROSPACE, INC., a 

Delaware corporation;

ROCKWELL COLLINS, INC., a Delaware 

corporation,

Defendants.

Lead Case No.: 19-cv-02170

SHORT FORM COMPLAINT AND 

NOTICE OF ADOPTION OF MASTER 

COMPLAINT

DEMAND FOR JURY TRIAL

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PLAINTIFF(s), JANE WANGUI WAITHAKA, JOSHUA WAITHAKA KURIA, and 

PETER MWANGI WAITHAKA, as Co-Administrators Ad Litem of the Estate of JOSEPH 

KURIA WAITHAKA, deceased, COMPLAINS OF THE DEFENDANTS AND EACH OF 

THEM AS FOLLOWS: 

1. Plaintiff(s) refers to and incorporates herein by reference the Master Complaint, and 

any and all later amendments thereto, filed in IN RE ETHIOPIAN AIRLINES FLIGHT ET 

302 CRASH, as though fully set forth herein. Plaintiff(s) hereby adopts the Master Complaint 

and agrees to be bound by any rulings with respect to the pleadings of the Master Complaint.

2. Plaintiff(s) adopt(s) each of the general allegations of the Master Complaint except for 

those paragraph numbers set forth here, if any: ______________________________________

_____________________________________________________________________________

CLAIMS AGAINST DEFENDANTS

3. Plaintiff brings those Counts, as applicable, against each of the Defendants in the 

Master Complaint checked below:

☒ THE BOEING COMPANY

☒ ROSEMOUNT AEROSPACE, INC.

☒ ROCKWELL COLLINS, INC.

4. Plaintiff incorporates by reference each of the Counts in the Master Complaint checked 

below:

As against THE BOEING COMPANY:

☒ Count One for Negligence 

☒ Count Two for Breach of Warranty

☒ Count Three for Strict Liability

☒ Count Four for Failure to Warn

As against ROSEMOUNT AEROSPACE, INC.:

☒ Count Five for Negligence

☒ Count Six for Strict Liability

☒ Count Seven for Breach of Warranty

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As against ROCKWELL COLLINS, INC.:

☒ Count Eight for Negligence

☒ Count Nine for Strict Liability

☒ Count Ten for Breach of Warranty

PLAINTIFF(S) INFORMATION:

4. Decedent, JOSEPH KURIA WAITHAKA, is an individual who was killed in the crash 

of Ethiopian Airlines Flight ET 302 on March 10, 2019. 

5. The following Plaintiffs are heirs, beneficiaries, and/or next of kin of Decedent, or 

other persons entitled to bring an action for the wrongful death of Decedent, and bring the 

causes of action alleged herein on behalf of all heirs and next of kin, including but not limited 

to his wife Jane Wangui Waithaka, his son Joshua Waithaka Kuria, his son Ben Irungu Kuria, 

his daughter Zipporah Muthoni Kuria, his daughter Pauline Muthoni Kuria, and his daughter 

Zipporah Muthoni Kuria. 

6. Plaintiff(s) is a resident of a foreign nation. Plaintiff(s)’ decedent is a resident of a 

foreign nation. 

7. Decedent’s Estate is represented in the following capacity:

☒ JANE WANGUI WAITHAKA, JOSHUA WAITHAKA KURIA, and PETER 

MWANGI WAITHAKA, are the Co-Administrators Ad Litem of the Estate of 

Decedent and are authorized to bring an action on behalf of the Decedent and her heirs. 

Plaintiff was appointed in this capacity on May 17, 2020.

☐ Other (please describe): 

________________________________________________________________.

PLAINTIFF(S) DAMAGES:

8. Plaintiff(s) requests the relief checked below:

All past and future general and compensatory damages in an amount according to proof 

at trial, including the following:

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☒ For Decedent’s conscious and physical pain and suffering, fright and terror, fear of 

impending and imminent death, mental anguish, and emotional distress, in an amount 

according to proof at trial.

☒ For past and future loss of support and services in money or in kind, in an amount 

according to proof at trial.

☒ For past and future loss of consortium, love, companionship, comfort, care, assistance, 

protection, affection, society, moral support, training, advice, tutelage, and guidance, in

an amount according to proof at trial.

☒ For past and future grief, emotional distress, and sorrow, in an amount according to 

proof at trial.

☒ For funeral expenses, burial expenses, estate administration expenses, and other related 

expenses in an amount according to proof at trial.

☒ For expenses for the identification and/or transportation of Decedent’s remains, 

according to proof at trial.

☒ For all property losses, in an amount according to proof at trial.

☒ For attorneys’ fees, costs and other damages as permitted under applicable laws.

☒ For punitive and exemplary damages in an amount according to proof at trial;

☒ For pre- and post-judgment interest on all damages as allowed by the law.

☒ For all costs of suit incurred herein. 

☒ For such other and further relief as the Court shall deem just and proper.

☐ Other (specify): 

____________________________________________________________________________

____________________________________________________________________________

ADDITIONAL ALLEGATIONS, IF ANY

9. _____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

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_____________________________________________________________________

DEMAND FOR JURY TRIAL

PLAINTIFF(S) hereby demand(s) a trial by jury as to all claims in this action.

Dated: August 3, 2020

s/ Robert A. Clifford

Robert A. Clifford (ARDC No. 0461849)

Kevin P. Durkin (ARDC No. 3127906)

Tracy A. Brammeier (ARDC No. 6317792)

John V. Kalantzis (ARDC No. 6283187)

CLIFFORD LAW OFFICES

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Chicago, IL 60602

Tel: (312) 899-9090

Fax: (312) 251-1160

rac@cliffordlaw.com

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tab@cliffordlaw.com

jvk@cliffordlaw.com

Joseph W. Cotchett 

Frank M. Pitre 

Alison E. Cordova 

John P. Thyken 

COTCHETT, PITRE & McCARTHY, LLP 

San Francisco Airport Office Center

840 Malcolm Road, Suite 200

Burlingame, CA 94010

Telephone: (650) 697-6000

Fax: (650) 697-0577

jcotchett@cpmlegal.com

fpitre@cpmlegal.com

acordova@cpmlegal.com

jthyken@cpmlegal.com

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