CINCINNATI, Sept. 1 /PRNewswire/ -- A lawsuit was filed today in federal district court in Covington, Kentucky by the family of Joann Wright of Cincinnati, who was killed in the crash of Comair Flight 5191 on August 27, 2006. The suit names only Comair as a defendant, although the plaintiff anticipates adding other defendants. Comair is a wholly owned subsidiary of Delta Air Lines (Pink Sheets: DALRQ).
Plaintiff claims that the plane went down the wrong runway. The runway was too short for the plane. Plaintiff claims that the plane was unable to gain altitude, the plane hit a berm, trees and other obstacles and then slammed into a field and burst into flames approximately one-half mile from the end of the runway. In addition, the suit raises issues concerning the airline's overloading of the aircraft and its use of less than optimal thrust during such takeoffs. Plaintiff also seeks punitive damages.
Plaintiff has also filed a motion requesting a preliminary injunction preventing Comair from destroying any evidence and records potentially relevant to the operation and crash of Flight 5191. This is a standard measure taken in air disaster litigation to ensure that any defects that may have contributed to the crash remain detectable. If granted, this relief would benefit the families of all Flight 5191 victims.
"This was a needless tragedy. The conduct by Comair and air traffic controller was egregious," said Stan Chesley, attorney for Joann Wright's family. The air traffic controller cleared the flight for take-off and then turned his back so that he could perform administrative duties. The air traffic controller did not look at the plane until after he heard the aircraft explode. Only one air traffic controller, with two hours sleep, was working, even though FAA regulations required that two air traffic controllers be present.
"This conduct that caused this plane crash was among the most outrageous conduct that I have seen in my many years of aviation litigation practice", Mr. Chesley said, "We are going to get to the bottom of this. The public has a right to know what really happened."
"Our firm (Waite, Schneider, Bayless & Chesley Co., L.P.A.) has represented many victims in aircraft disasters and we are proud to have been selected by Joann Wright's family."
Stanley Chesley of Waite, Schneider, Bayless & Chesley has been named by federal courts as lead or co-lead counsel in many aviation disasters including:
Member of Plaintiffs' Steering Committee, In Re: USAir Flight #427 Aircrash Disaster at Pittsburgh, PA, U.S.D.C., Western District of Pennsylvania, MDL #1040
Chairman of Plaintiffs' Steering Committee, In Re: USA Flight #405 Aircrash Disaster at New York's LaGuardia Airport, U.S.D.C. Northern District of Ohio, MDL #936
Member of Plaintiffs' Steering Committee, In Re: Pan Am Aircrash Litigation at Lockerbie, Scotland, U.S.D.C. Eastern District of New York, MDL #799
Member of Plaintiffs' Lead Counsel Committee, In Re: Northwest Aircrash Litigation, Flight #255, Detroit Michigan, U.S.D.C. Eastern District of Michigan, MDL #742
Member of Plaintiffs' Lead Counsel Committee, In Re: Air Canada Aircrash at Covington, Kentucky, U.S.D.C., Eastern District of Kentucky, MDL #589
Member of Plaintiffs' Co-Lead Counsel Committee, In Re: Aircrash Disaster at Gander, Newfoundland, U.S.D.C., Western District of Kentucky, MDL #638
Contact: Stanley M. Chesley, Waite, Schneider, Bayless & Chesley
(513) 621-0267
(513) 300-7700
