Family members of eight deceased U.S. marines and a Navy sailor filed a lawsuit Thursday against a British boat manufacturer and defense contractor, BAE Systems Inc. The suit arises out of a 2020 training accident off the coast of San Clemente Island that resulted in the deaths of all nine servicemembers.
The suit alleged wrongful death, negligence and strict liability. The plaintiffs are seeking unspecified damages.
“We offer our deepest sympathies to the families impacted by this tragedy and we mourn the loss of the nine servicemembers,” a spokesperson for BAE Systems said in a statement on Thursday, before declining to comment on ongoing litigation.
The incident occurred in July 2020 near Channel Islands National Park. An amphibious assault vehicle, or AAV, carrying the servicemembers experienced “multiple serious and catastrophic mechanical, design and manufacturing failures,” the complaint said. It reportedly sank to the bottom of the ocean, trapping all inside.
Those killed include Pfc. Bryan J. Baltierra, 18, of Corona; Lance Cpl. Marco A. Barranco, 21, of Montebello; Cpl. Cesar A. Villanueva, 21, of Riverside; Navy Hospitalman Christopher Gnem, 22, of Stockton; Pfc. Evan A. Bath, 19, of Wisconsin; Pfc. Jack Ryan Ostrovsky, 21, and Lance Cpl. Chase D. Sweetwood, 19, both of Oregon and Cpl. Wesley A. Rodd, 23, of Texas.
An investigation by the U.S. Marine Corps determined that the AAV became disabled in the water due to a transmission fluid leak and that it took on water from multiple points due to “degraded and ineffective seals, holes and failure of the engine plenum doors to close and seal properly,” City News Service reported.
The suit alleged that the cargo hatch door was defectively designed and that servicemembers were unable to see due to a non-functioning emergency exit lighting system.
The plaintiffs alleged that BAE Systems knew beforehand that the AAV was defective, and that escape in a sinking scenario would be impossible due to problems with the cargo hatch doors.
