Attorney Claims Airline's 'Standard Of Care Was Lacking'

A Dallas, TX-based law firm filed a lawsuit against Continental Airlines Wednesday,  charging that the airline's negligence played a role in a December 2008 plane crash at Denver International Airport that injured 38 passengers.

The Law Offices of Frank L. Branson filed the suit on behalf of Houston resident Julie Kuehn, one of the persons who suffered injuries in the December 20 takeoff crash of Continental Flight 1404 at Denver International Airport. As ANN reported, the Boeing 737-500 was taking off en route to Houston when it veered off the runway and impacted a ravine, splitting the fuselage in two.

Despite the severity of the accident and resulting post-impact fire, there were no fatalities.

The lawsuit filed in the 80th Judicial District Court of Harris County is similar to a lawsuit filed last month in the accident, charging Continental and pilots David Butler and Chad Levang were negligent and failed to exercise the high degree of care required to safely operate and maintain an aircraft. The suit also asserts the pilots and crew failed to maintain control of the jetliner and take proper evasive action when problems arose, and failed to adequately protect passengers during the evacuation of the plane.

"Continental Airlines owed a high degree of care to each passenger on this plane to prevent this type of crash from occurring," said Branson.

The suit claims Kuehn, 39, suffered back injuries in the accident. The lawsuit seeks unspecified damages for medical expenses, pain and mental anguish, loss of earning capacity, physical impairment and disfigurement.

The lawsuit also seeks exemplary damages against Continental based on the company's role in the crash.

FMI: www.continental.com, www.ntsb.gov, www.flbranson.com