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Sam Mpofu

The family of Jackson Musoni, a Rwandan, who died in the Ethiopian Airlines Boeing 737 MAX 8 crash where 156 other passengers also died, has filed a lawsuit against Boeing Co. at a federal court in Chicago, where Boeing is headquartered.

Boeing is accused of “defectively” designing “a new flight control system for the Boeing 737 Max 8 that automatically and erroneously pushes the aircraft’s nose down,” and of failing “to warn of the defect.” Boeing has declined comment on the lawsuit.

The suit also claims that the Federal Aviation Administration (FAA) delegated authority to Boeing to approve portions of the aircraft certification process and assisted Boeing in rushing the delivery of the Max 8, which resulted in “several crucial flaws” in the safety analysis report Boeing ultimately delivered to the FAA.

At a United States Congress hearing on Wednesday, the acting FAA administrator defended the government’s oversight approach.

A Lion Air crash which happened months ago under similar circumstances as the Ethiopian Airline crash has also led different lawsuits against Boeing.

“Boeing, having knowledge of all the reports of dangerous conditions and the previous accident that killed over 150 people, should have taken steps to protect the flying public,” said Steve Marks, an attorney with the Miami-based law firm Podhurst Orseck, who is representing the Musoni family. “This accident happened when it should have never happened.”

On Wednesday, Boeing announced a software update to the 737 Max fleet, which it said would prevent erroneous data from triggering the Maneuvering Characteristics Augmentation System (MCAS) anti-stall system, which is suspected to have played a role in both crashes.

Musoni, 31, was a field coordinator with the United Nations Refugee Agency based in East Darfur, Sudan. He was one of 19 U.N. aid workers and staffers who were on board Ethiopian Flight 302 that crashed on March 10.