Pilot, Lone Comair Crash Survivor, Suing Runway Company

http://news.yahoo.com/s/ap/20070827/ap_ ... _QRkufpWIB

Survivor of Ky. crash sues manufacturer

By JEFFREY McMURRAY, Associated Press Writer Mon Aug 27, 4:57 PM ET

LEXINGTON, Ky. - 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.

He should include the FAA in this suit as well. I still contend as do many others that the controller should have been in visual contact with the plane. It was also noted the controller was overworked, tired, and the tower was undestaffed. While the pilots were in control of the plane the controller should know where his planes are while on the ground.

Blame rests with 2 parties, the pilots and the controller/FAA. The controller should have been paying attention, and the tower should have been staffed with at least 2, it was not. The pilots should have noticed the signs they were taking off from the wrong runway, It was a mistake from both parts.

I have a feeling this will be thrown out.

It will not get thrown out, this is a classic "settle out of court" case.
He will ask for a ton, when he will be happy for a few million.
It sucks that they are in this position, but a little more attention on his part as well as the controller and this would not have happened.