TheBaron
Cruisin' down L888
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Airline spreads blame in fatal crash
By Mark Pitsch
[email protected]
The Courier-Journal
Comair sued Blue Grass Airport in Lexington and the federal government yesterday, saying they must "share responsibility" for the August crash of a regional jet that killed 49 people.
Unsafe runways and taxiways, improper lighting and signage, inaccurate maps, and the use of one air traffic controller instead of two led Flight 5191 pilots to leave from the wrong runway, according to the lawsuit filed in federal district court in Lexington.
Facing at least 11 lawsuits related to the crash, the company asked a federal judge to assign blame to the Federal Aviation Administration, the airport board and owner, and 20 airport employees, and require financial contributions to the airline.
"Comair is committed to ensuring prompt, fair and reasonable compensation for the families and all victims of this tragic accident," Don Bornhorst, Comair president, said in a statement. "We filed the lawsuit and the administrative claim to help resolve in a timely manner how costs for the victims' families are shared fairly and reasonably among all parties who share responsibility for this accident."
Laura Brown, an FAA spokeswoman, couldn't be reached for comment yesterday.
In a statement, the airport said: "Blue Grass Airport has provided, provides and will continue to provide a safe environment for the arrival and departure of aircraft. We are disappointed that Comair has chosen to make ill-founded claims against the Airport Board, its members and employees. Blue Grass Airport will continue to serve our community with a safe and secure environment for the operation of aircraft."
Robert Spragg, an aviation lawyer in New York who represents the family of crash victim George Brunacini, said yesterday it is not unusual for an airline in Comair's situation to file a suit to try to reduce its financial liability.
"It will all depend on the facts of the case. If a jury decides the air traffic controller is at fault, or, if they resolve the immunity issue and the airport authority is somehow responsible because of the taxiways, they'll be successful," Spragg said of Comair.
Spragg said Brunacini's family hasn't filed suit but expects to do so. Comair will be named as a defendant in that suit, but it's not clear if the FAA or Blue Grass Airport will be, Spragg said.
But he said Comair's action likely will mean the FAA and the airport will become defendants in all victims' suits.
Stanley Chesley, a Cincinnati lawyer who represents the families of victims JoAnn Wright and Cecile Moscoe, said: "I believe there's culpability on all three, but the most culpability is with Comair."
Tressie Long, a Comair spokeswoman, acknowledged that the airline bears some responsibility for the crash. But she said it is for the courts to decide how much.
"Comair, just like any other airline, has a responsibility to safely transport our passengers but safety is also the responsibility of not just the airlines but of every organization involved in commercial aviation."
Flight 5191 crashed early Aug. 27 in a field about a half-mile from the airport. All 47 passengers and two crew members died; co-pilot James Polehinke survived.
The plane tried to take off from the airport's 3,500-foot runway 26 instead of the 7,000-foot runway 22. Runway 26, which is too small to handle commercial aircraft, has been closed since the crash.
The accident occurred about one week after construction changed the taxiways at the airport.
The crash remains under investigation by the National Transportation Safety Board.
But in the lawsuit, Comair said the plane lined up on the wrong runway for several reasons, including:
The FAA assigned only one air traffic controller to work at the time of the crash, a violation of its own policy, and the controller didn't view the plane taxiing to the runway.
Airport employees failed to make sure that "runways and taxiways were at all times in a safe and unobstructed condition" and complied with government regulations.
Airport employees gave inaccurate information to the federal government about the airport layout, which was passed on to pilots.
Airport lighting, signage and markers "were not as required by the ordinary standards of care or by law and/or regulation and were missing or confusing."
Construction barriers blocked the view and access to the proper runway.
Comair is a Delta Connection carrier and a subsidiary of Delta Air Lines. Its headquarters is in Erlanger, Ky., and it employs 6,500 people.
In a related development, Blue Grass Airport announced that it has resumed taxiway construction delayed by the crash, according to the Associated Press.
The shorter runway that Comair 5191 mistakenly used will reopen by Thanksgiving, airport officials said.
All construction was delayed by Blue Grass Airport and by court order shortly after the crash so the airport could be examined by experts on behalf of victims' families who have filed lawsuits.
The project will build a new taxiway connection to the 7,000-foot runway for commercial flights and demolish the taxiway connection that Flight 5191 should have used.
Why not sue Bombardier for making a plane that won't take of from a runway that is too short?
By Mark Pitsch
[email protected]
The Courier-Journal
Comair sued Blue Grass Airport in Lexington and the federal government yesterday, saying they must "share responsibility" for the August crash of a regional jet that killed 49 people.
Unsafe runways and taxiways, improper lighting and signage, inaccurate maps, and the use of one air traffic controller instead of two led Flight 5191 pilots to leave from the wrong runway, according to the lawsuit filed in federal district court in Lexington.
Facing at least 11 lawsuits related to the crash, the company asked a federal judge to assign blame to the Federal Aviation Administration, the airport board and owner, and 20 airport employees, and require financial contributions to the airline.
"Comair is committed to ensuring prompt, fair and reasonable compensation for the families and all victims of this tragic accident," Don Bornhorst, Comair president, said in a statement. "We filed the lawsuit and the administrative claim to help resolve in a timely manner how costs for the victims' families are shared fairly and reasonably among all parties who share responsibility for this accident."
Laura Brown, an FAA spokeswoman, couldn't be reached for comment yesterday.
In a statement, the airport said: "Blue Grass Airport has provided, provides and will continue to provide a safe environment for the arrival and departure of aircraft. We are disappointed that Comair has chosen to make ill-founded claims against the Airport Board, its members and employees. Blue Grass Airport will continue to serve our community with a safe and secure environment for the operation of aircraft."
Robert Spragg, an aviation lawyer in New York who represents the family of crash victim George Brunacini, said yesterday it is not unusual for an airline in Comair's situation to file a suit to try to reduce its financial liability.
"It will all depend on the facts of the case. If a jury decides the air traffic controller is at fault, or, if they resolve the immunity issue and the airport authority is somehow responsible because of the taxiways, they'll be successful," Spragg said of Comair.
Spragg said Brunacini's family hasn't filed suit but expects to do so. Comair will be named as a defendant in that suit, but it's not clear if the FAA or Blue Grass Airport will be, Spragg said.
But he said Comair's action likely will mean the FAA and the airport will become defendants in all victims' suits.
Stanley Chesley, a Cincinnati lawyer who represents the families of victims JoAnn Wright and Cecile Moscoe, said: "I believe there's culpability on all three, but the most culpability is with Comair."
Tressie Long, a Comair spokeswoman, acknowledged that the airline bears some responsibility for the crash. But she said it is for the courts to decide how much.
"Comair, just like any other airline, has a responsibility to safely transport our passengers but safety is also the responsibility of not just the airlines but of every organization involved in commercial aviation."
Flight 5191 crashed early Aug. 27 in a field about a half-mile from the airport. All 47 passengers and two crew members died; co-pilot James Polehinke survived.
The plane tried to take off from the airport's 3,500-foot runway 26 instead of the 7,000-foot runway 22. Runway 26, which is too small to handle commercial aircraft, has been closed since the crash.
The accident occurred about one week after construction changed the taxiways at the airport.
The crash remains under investigation by the National Transportation Safety Board.
But in the lawsuit, Comair said the plane lined up on the wrong runway for several reasons, including:
The FAA assigned only one air traffic controller to work at the time of the crash, a violation of its own policy, and the controller didn't view the plane taxiing to the runway.
Airport employees failed to make sure that "runways and taxiways were at all times in a safe and unobstructed condition" and complied with government regulations.
Airport employees gave inaccurate information to the federal government about the airport layout, which was passed on to pilots.
Airport lighting, signage and markers "were not as required by the ordinary standards of care or by law and/or regulation and were missing or confusing."
Construction barriers blocked the view and access to the proper runway.
Comair is a Delta Connection carrier and a subsidiary of Delta Air Lines. Its headquarters is in Erlanger, Ky., and it employs 6,500 people.
In a related development, Blue Grass Airport announced that it has resumed taxiway construction delayed by the crash, according to the Associated Press.
The shorter runway that Comair 5191 mistakenly used will reopen by Thanksgiving, airport officials said.
All construction was delayed by Blue Grass Airport and by court order shortly after the crash so the airport could be examined by experts on behalf of victims' families who have filed lawsuits.
The project will build a new taxiway connection to the 7,000-foot runway for commercial flights and demolish the taxiway connection that Flight 5191 should have used.
Why not sue Bombardier for making a plane that won't take of from a runway that is too short?
