"Comair suing FAA, Lexington airport"

Saturday, October 14, 2006

Comair sues FAA, Lexington airport 
Airline spreads blame in fatal crash 
By Mark Pitsch
The Louisville (KY) 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.

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