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News - Survivor of Ky. crash sues manufacturer

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Wankel7

It's a slippery slope...
Joined
Nov 9, 2003
Posts
1,487
http://news.yahoo.com/s/ap/20070827...1&printer=1;_ylt=Am0x.9wsBs6iUXk_VxubAttH2ocA

By JEFFREY McMURRAY, Associated Press Writer

The sole survivor from the airliner that crashed after taking off from the wrong runway at Blue Grass Airport, killing 49 people, is suing the company that designed the runway and taxiway lights.
James Polehinke, the co-pilot of Comair Flight 5191, filed suit against AVCON Inc. on Friday, three days before Monday's first anniversary of the crash.
The Comair jet crashed in the pre-dawn darkness on Aug. 27, 2006, shortly after taking off from wrong runway at Blue Grass, an unlit general aviation strip that was too short for larger commercial aircraft.
The National Transportation Safety Board determined last month that the pilots' failure to notice clues that they were turning onto the wrong runway was the primary cause of the crash.
The lawsuit says AVCON Inc., of Orlando, Fla., was responsible for runway lighting at the airport that was "so erratic, haphazard and/or improper that many commercial pilots, including the pilots of Flight 5191, could not rely on or expect the lighting for the runways and taxiways to comply with applicable laws, rules, regulations procedures and orders."
Airport officials and federal investigators have said that the main runway's edge lights were working on the morning of the crash, although lights in the center of that runway were out. Other aircraft took off safely that morning before the Comair plane.
The lawsuit says Polehinke suffered a "traumatic brain injury," neurological injuries, broken bones, "scars and disfigurement, loss of use of parts of his body and an activation or aggravation of a pre-existing disease or physical condition."
Calls Monday to AVCON and Polehinke's lawyer, Bruce Brandon, were not immediately returned.

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Interesting.
 
In related news, Michael Vick is suing the guy who invented dogs.......
 
You know I can't even picture what is going behind the scenes here.

Maybe he has a mountain of medical bills that his insurance company has probably already paid the max on.

Who knows...really sad.
 
You know I can't even picture what is going behind the scenes here.

Maybe he has a mountain of medical bills that his insurance company has probably already paid the max on.

Who knows...really sad.

I would imagine that work comp would be paying the bills, not his personal insurance.
 
He has to sue them as he is listed in many lawsuits himself. This is a diversion tactic lawyers use alot. It is a horrable situation all together. He really has no choice other than to try and spread blame to reduce his own liability. I pray for everyone involved.
 
You guys are pilots, not lawyers. Your beef is with the American legal system, not this pilot. He's caught up in a nasty system, and is simply doing what he must to survive it.
 
Plus he needs A LOT of money to pay for the wrongful death lawsuits that he will loose.

"Loose" rhymes with "noose", "lose" rhymes with "shoes".

PS. Delta Airlines has a lot more money than a Comair FO. I'll take a wild stab in the dark and say the insurance companie(s) for Delta and Comair will pay a little more than the surviving FO.
 
I have heard a number around 35-40 suits. If they want us to fly 86 people pay us for the responsability of 90 people NOT50!!!!!!
 
Come on, the lights were the problem?

Why isn't he suing the FAA guy who turned his back? If you want to make a diversion tactic, that seems better since the FAA at least mentioned it in the report.
 
What a tool!!! I hope they turn around and bill him for the airplane he destroyed by being stupid.

I thought the guy was lucky to be alive and would have survivors guilt. I used to feel bad for him.
 
What a tool!!! I hope they turn around and bill him for the airplane he destroyed by being stupid.

I thought the guy was lucky to be alive and would have survivors guilt. I used to feel bad for him.


probably should have read the entire thread
 
Come on, the lights were the problem?

Why isn't he suing the FAA guy who turned his back? If you want to make a diversion tactic, that seems better since the FAA at least mentioned it in the report.



Are you an aviation Lawyer? If yes I need to talk to you. If not are you for real or what????????
 
Don't waste your time looking down on this guy too much. It's a $hitty situation. Lets just hope it never happens to us. I don't like his lawsuit much but I can't get over feeling bad for him enough to criticize him. It just sucks all around. This guy is f***ed for life. Physically, mentally, financially... you name it, this guy is thoroughly destroyed. I give him props for not doing himself in. I think that would be an all too tempting course of action for many people. If you can't handle his misfortune with sympathy then just look away.
 
Aw, cmon. This guy is obviously trying to make a quick buck so he can live the life of dreams.

Only idiots that have never flown for a living could call this guy out. I am sure this is all part of his master plan. If Comair is anything like Mesaba, the airline will be printing propaganda and telling anyone who will listen longer than 5 seconds that this guy was a rogue pilot and was on their "watch list".

Seriously, this is such a sad story and it seems to get sadder every day. Thoughts and prayers.....
 
obviously the best plan would be to let all the lawsuits come out against him as well as medical bills and then declare bankruptcy to wipe the slate clean. that would be the easiest thing to do.
 
Consumers don't get anywhere near the kinds of generous bankruptcy protections that corporations enjoy.
 
Plus he needs A LOT of money to pay for the wrongful death lawsuits that he will loose.

"Loose"? As in set in motion? I am not sure I know what you mean. How will he loose a lawsuit? I thought they had already been filed.
 
Aw, cmon. This guy is obviously trying to make a quick buck so he can live the life of dreams.

Only idiots that have never flown for a living could call this guy out. I am sure this is all part of his master plan. If Comair is anything like Mesaba, the airline will be printing propaganda and telling anyone who will listen longer than 5 seconds that this guy was a rogue pilot and was on their "watch list".

Seriously, this is such a sad story and it seems to get sadder every day. Thoughts and prayers.....

You're kidding right? "A quick buck so he can live the life of his dreams?" He has to sue someone....he's the only one alive that anyone can come after legally. Im sure he won't EVER be living "the life of his dreams"
UNBELIEVABLE!
 

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