Practice Areas

Parents of Oklahoma brothers sue over Hawaii skydiving crash

By Jennifer Sinco Kelleher
Associated Press
Updated 6:22 pm, Monday, August 8, 2016

Parents of Oklahoma brothers sue over Hawaii skydiving crash

In this 2015 photo provided by Laura Bettis, her son Marshall Cabe, right, takes a self-portrait of himself and his brother Phillip Cabe in Houston, Texas. The brothers were among five killed in a Hawaii plane crash in May. They were about to go skydiving when the single-engine plane crashed soon after takeoff. Their parents are suing the skydiving tour company. The lawsuit was filed Monday, Aug. 8, 2016, so that the parents can find out why the plane's engine failed. (Courtesy of Laura Bettis via AP)

HONOLULU (AP) - The parents of two Oklahoma brothers who were among five people killed in a Hawaii plane crash filed a negligence lawsuit Monday against the skydiving company that owned the single-engine aircraft.

Marshall and Phillip Cabe were about to go skydiving in May when the Cessna crashed and burned soon after taking off from a Kauai airport.

"This lawsuit is going to hopefully find out why the engine failed," said Honolulu attorney Rick Fried, who filed the case in state court against D&J Adventures Inc.

Company owner David Timko declined to comment.

Pilot Damien Horan and skydiving instructors Enzo Amitrano and Wayne Rose also died in the crash.

Witnesses told National Transportation Safety Board investigators the plane was 150 feet in the air when it made a sudden right turn, descended and hit the ground.

The brothers had both graduated from college recently, and their father Michael Cabe was giving them the joint skydiving trip as a present, Fried said.

The father, a general contractor on Kauai, ran to the burning wreckage and tried to pull them out while administering CPR.

Marshall Cabe, 25, was an athlete who played rugby, soccer and softball, Fried said. His brother Phillip Cabe, 27, was an artist who painted and played piano and guitar. He was in the Air National Guard and had deployed to the Middle East.

The brothers graduated from Cameron University in Lawton, Oklahoma, in December.

They had a close bond, their mother Laura Bettis, a bank manager in Oklahoma, said through tears.

"They were just out of college. They had their whole lives ahead of them," Fried said. "The father witnessing this . you can't imagine what he went through having seen that. It was just horrific."