Family sues over deadly Comair crash

Family sues over deadly Comair crash By JEFFREY MCMURRAY, Associated 01-September

The family of a woman killed when Comair Flight 5191 took off on the wrong runway and crashed in flames sued the airline Friday, blaming it for the nation's deadliest airplane disaster in five years.

The lawsuit accuses Comair of negligence and says passenger Rebecca L. Adams suffered "conscious pain and suffering" when the plane went down Sunday morning and quickly burned with 49 people still inside.

The only survivor was the co-pilot, who remained hospitalized Friday but was upgraded from critical to serious condition.

The regional jet had left the gate before dawn with 50 people aboard. Somehow, the pilots mistakenly turned onto the wrong runway, one too short for the twin-engine plane, and tried to take off. The plane crashed in a field just beyond Lexington's Blue Grass Airport.

The crash "could not have happened if those having control of the instrumentality had not been negligent," attorney Bobby Wombles of Lexington said in the lawsuit.

Nick Miller, a Comair spokesman, said he couldn't comment on pending litigation.

"Comair extends its heartfelt sympathy to everyone affected by the accident and our focus remains addressing the needs of family and loved ones in cooperating the investigative process," Miller said.

Earlier this week, a Texas law firm ran a full-page ad in the Lexington Herald-Leader promising to get maximum damages for the families of victims who hired it.

Comair, a subsidiary of Delta Air Lines Inc., operates 850 flights to 108 cities daily. Both airlines filed for bankruptcy protection last year.

The Lexington airport board met in a private session Friday morning to discuss "proposed litigation" against it as well. Michael Gobb, the airport director, said at least one family of the victims had told the airport it intends sue.

Federal officials have been looking into how the commuter jet ended up on the 3,500-foot-long runway, the shortest of two runways at the Lexington airport and meant only for small planes.

The taxiway to the 7,000-foot-long main runway had been altered by repaving one week before the crash.

In addition, only one air traffic controller was in the tower. The controller had had only two hours of sleep before starting work and had turned his back to do administrative work as the plane headed down the runway, according to the National Transportation Safety Board. The FAA has since added a second controller.

Nearly a week after the crash, the first funerals began for the crash's victims.

Clark and Bobbie Sue Benton had boarded Flight 5191 for a trip to the Caribbean and vacation. They were buried Friday near Stanford in south-central Kentucky.

"We're asking difficult questions," the Rev. Wayne Galloway said at their funeral, attended by more than 300 people at Calvary Hill Baptist Church. "Why? Why do bad things happen to good people."

Another memorial service was planned Friday in Lexington for Larry Turner, who oversaw the University of Kentucky's extension service.

Vultures, the fires are barely out and the lawyers are out to make a buck already.

This will be the first of many lawsuits. However under Chap 11 Comair is protected from these suits and any judgments handed down to them. They can add their claim on the list of other claims against Comair, i.e suppliers, airports, employees, etc....

I wonder if Comair is going to get the axe now to save Delta like a few freinds including some in company have mentioned.

From the Cincinnati Inquirer:

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Comair has gotten a two-week extension from parent Delta Air Lines to submit a critical bid for regional flying in the wake of Sunday’s crash.

Comair president Don Bornhorst told employees in a memo today that the Erlanger-based carrier has until Oct. 2 to bid on existing and future flying for a chunk of Delta’s regional flying.

Last week, Delta said it was wanted bids by Sept. 18 for the process that could ultimately shrink Comair’s operations – threatening 19 percent or more of its fleet as well as 600 or more jobs.

“The additional time will allow us to keep our focus for now exactly where it should be: On assisting the families of the passengers and crew involved in the accident of Flight 5191, on lending our full cooperation to the (National Transportation Safety Board) investigation,” Bornhorst wrote.

Delta said on Monday it was considering giving Comair an extension in light of the accident. The Sept. 18 deadline still applies to Comair’s competitors.

The move effectively forced Comair to audition for its job feeding passenger traffic to Delta’s mainline operations. Comair has struggled in vain this year to get giveback deals from its labor unions to lower its costs and contribute to Delta’s financial recovery.

Delta’s decision to solicit bids from outside contractors as well as its subsidiary put up for grabs 27 70-seat jets and an undetermined number of 50-seaters flown by Comair, which is already watching its fleet shrink from previously announced cuts to 144 aircraft by spring from 168 early this year

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One crash isn't going to bring down Comair. Did the events of 9/11 and flight 287 bring down AA? No, so I look at this as a set back but not a nail in the coffin. Delta is already reporting monthly profits after reorg charges. As long as they see value in Comair it will stick around.

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Originally Posted by KLM777

Money-hungry bastards if anyone should get money it's the copilot and captains family, slaving away at a reg airline for yrs and barely made a buck.

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The families are money hungry bastards? They lost their loved ones due to a crash that was caused by negligence (on whomever's part).

You can't be serious about the pilots' families, either. No one forced them into their careers, and you don't know them perosnally, nor how they felt about their job.

I tend to agree with Phil and we all know I am quite the "pilot attorney" being a pilot myself but in this case KLM it is time to put water on it and cool down because we as pilots do this for the love of flying. I tell every girl I meet that I am a pilot I travel for a living I work sometimes odd hours and days, there is a risk the next time you will see me I will be dust take it or leave it. I think every pilot and their family knows the risk if not than you do not know what your getting into and for the pax, yes the risk everytime you get on a plane is there but this is not supposed to be a reality for them as much as it is to a pilot so when it happens to a passenger their family is much more entitled. I think you can do the math on it all.

BUT! These lawyers are still vultures as far as how fast they are sueing

While I'm not an attorney, nor do I play one on TV, from what I've heard in the past it's important to file a lawsuit as soon as possible. Once the parties have been served, everything becomes potential evidence, and they can't conveniently "lose" some key item (memo, e-mail, etc.) that may point toward their liability without facing sanctions.

This happened recently in the world of Nascar - Daimler Chrysler and a team they once supported were suing one another - DCX terminated the contract because they claimed the team was working with Toyota to develop their upcoming race car, and the team counter-sued, claiming breach of contract, saying they weren't working with Toyota. Several e-mails, which DCX felt would prove their case, were "deleted" by the team. The judge ruled that the jury could assume the e-mails would be damaging to the team when weighing the evidence. DCX won the lawsuit.

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Originally Posted by KLM777

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could not have happened if those having control of the instrumentality had not been negligent,

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Money-hungry bastards if anyone should get money it's the copilot and captains family, slaving away at a reg airline for yrs and barely made a buck.

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I sent you a PM with my true feelings but the need to address your statement in public I feel is needed.

One, these innocent people who died in many cases we’re the sole income provider to their families. I would like you to answer this question. What is a mother who perhaps husband was killed on this flight is suppose to do if she is a stay at home mom raising a child? Is it money hungry to ask the responsible parties that were negligent to provide her with a source of income and compensation for something they took away?

Two, Comair did not force these pilots to work at the crack of a whip. They knowingly went to work everyday and accepted the pay as indicated in their contract. The families of the pilots don't deserve anymore or any less of a settlement then the passengers family

I'm really just shocked at you're opinion and rather disgusted by it.

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Originally Posted by klm777

Money-hungry bastards if anyone should get money it's the copilot and captains family, slaving away at a reg airline for yrs and barely made a buck

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Why in the world would you do that? He caused this crash and is responsible for the death of all these people. Who cares what his salary was? When you fly the lives of every pax is your responsibility. Stop this nonsense please.

These people are all going to sue, it's wrongful death, not a way for lawyers to make a buck. It's how they earn a living so cut out the anti-lawyer propaganda.

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Originally Posted by NIKV69

These people are all going to sue, it's wrongful death, not a way for lawyers to make a buck. It's how they earn a living so cut out the anti-lawyer propaganda.

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Everyone hates lawyers, until you need one!

the point is not to hate lawyersbut to do things in such a way so that you're never put in place to need a lawyer. ;)

Who ever said airtravel would be safe, every time you get onto an aircraft you know there is always a chance of something going wrong.
I said what I said , because that is how I feel, along with others. Maybe the part of letting the crews get money was a bit off but, who are these people to ask for money? what are they going to do with it ? Get boob jobs, like with Katrina and 9/11?

Um, no....how about to use for funerals? Or maybe they'll put it away so that they can put their kids through college since in a lot of cases, one parent is dead now, and therefore no longer working. That not only puts stress on income reducing it to 1/2 in most circumstances, but what if the mom/dad stayed at home and took care of the kids while the spouse worked? Now, not only will they have to go work, but they'll have to pay for child care as well.

What makes you think that Katrina and 9/11 victims used money for plastic surgery? Do you have any sympathy whatsoever?

To discuss this topic any further with individuals that represent the lowest common denominator is pointless.

I tend to be a bit defensive of pilots etc etc.. and such ibut these families have been delt a blow no matter what way you cut it and some of these families may have been barely scraping by if at all as it was. No what for them...... I am sure that you are quite well supported if you hold the ratings you say you do hold as I know it is not cheap to become a pilot but place yourself in the shoes in some of the families that lost loved ones for a moment here and take yourself out of the Nike's your in and put yourself in say a family that makes about 30 grand a year with two kids in school with rent to pay etc etc etc... and than imagine that 50% or more of that annual income has just died in a firey plane crash. Immediately you have just lost your ability to survive let alone pay rent or feed your kids. I am sure that being 18 years old etc... you do not have to worry much about these things yet and hopefully not for a very long time yet but think about it and place it in your considerations before making such cruel statements. For the boob job statement your again way off target that is the part the media makes public and the media is out for ratings and profit therefore not reliable. Only an extremely small portion of the money distributed was found to be in the wrong peoples hands and those people as far as I know have been prosecuted to the max extent of the law. Plane crashes happen yes but do people deserve to die because they get on a plane? No yet they are still accountable but I am not going to get into my definitions of accountability here. None the lesss every cent that the family gets for most will be needed money and some wont but it will still be given. The airline will pay they will be sued it is fact and that is my rant for that. (gosh I need a show on Fox!)

Very well said, hiss.

(well....everything except the Fox show part ;))

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Originally Posted by klm777

what are they going to do with it ? Get boob jobs, like with Katrina and 9/11?

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I almost couldn't believe I read this. It is apparent you are trying to have an intelligent conversation with someone who is not capable of doing so. If you want to be partial to pilots fine, but they do make mistakes. Unfortunately people die as a result. Lawsuits will happen and families will be paid.

It's not neccesarily relevant what the needs of the victims' families are in terms of culpability of others - however, this instance seems so avoidable -No plausible excuse/reason at all to see why all these lives were lost.....A damn shame...

Tom

I am no fan of lawyers but accident suit settlements are a cost of doing business in aviation and many other businesses. Similarly, accidents are a potential risk of anyone choosing aviation and many other professions as a career. Nobody should choose to be in such a business unless they are willing to deal with these sort of contingencies. The best way to prevent lawsuits is to have competent employees who take their jobs seriously enough to prevent accidents. For those of you defending the pilots or the airlines, think of yourself as a paying passenger for once, or perhaps the family of one. If you went to the hospital to have your tonsils removed and they amputated your legs instead, or if a nurse accidentally delivered your child a fatal overdose of the wrong medication, would you just accept the first, low ball settlement because doctors and nurses are overworked and underpaid? Of course not, you'd sue for all you could get, or at least whatever you thought the value of your legs or your child was.

First of all, the pilots are to blame plain and simple, but there were other pilots who knew this was going to happen and warned the proper people by telling them that they accidentally lined up on the wrong runway but realized that the compass had the wrong heading......some competent pilots almost ran into the same thing but did not make this error. It could have been because they were not taking off first am, It could have been because they were better pilots...or it could have been because they did not drink decaf....PLAIN AND SIMPLE, this problem has happened before and the pilots realized it before throttle up! There has been the same problem at other airports and there is a warning about checking the compass because it is DANGEROUS the way the airport was layed out....IN PLAIN ENGLISH, it is a poor design. To go further, the repaving of the runway part of the taxiways made more confusion, not to mention it was very early.....IF YOU TOOK AWAY one of these things, the accident probably would have never happened.

Like I said, the buck stops with the pilot, I feel very sorry for them...but they did not do their job and check the compass, PLAIN AND SIMPLE. You can have all the debates you want, it does not change the facts!

Just my .02c

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Originally Posted by T-Bird76

One crash isn't going to bring down Comair. Did the events of 9/11 and flight 287 bring down AA? No, so I look at this as a set back but not a nail in the coffin. Delta is already reporting monthly profits after reorg charges. As long as they see value in Comair it will stick around.

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Flight 587. :lol: