Two Lawsuits Filed On Behalf Of Victims

The families of Rebecca Adams and Joann Wright, both victims of Comair flight 5191 that crashed in Lexington, KY last Sunday, are suing the airline.

Joshua Isaac Adams, Rebecca Adams' son and executor of her estate, has retained Clifford Law Offices of Chicago, along with Wombles and Wadlington of Lexington, who have filed suit on behalf of Rebecca Adams' estate. The lawsuit -- which names Comair Inc., Comair Aircraft Inc. and Comair Services Inc. -- accuses Comair of negligence and alleges Adams suffered "conscious pain and suffering" when the plane went down.

The law firms have also filed notice with the Lexington-Fayette Urban County Airport Corp. and the Lexington-Fayette Urban County Airport Board. A state statute requires notice of any potential claims against the Lexington Airport be filed within seven days of the event.

As Aero-news reported last week, the Comair CRJ-100 attempted to take off from the shorter of two runways at Lexington's Blue Grass Airport, clipping a tree and crashing before becoming safely airborne. The flight's First Officer was the sole survivor of the 50 people on board.

The suit, filed in Fayette Circuit Court, alleges negligence by Comair employees caused the crash and claims the crew failed to gain sufficient altitude after departing the runway to avoid obstructions, and improperly attempted to take off from a runway that was of insufficient length.

Many questions still surround the circumstances of the accident and the NTSB investigation continues. Robert Clifford of Clifford Law Offices told the Chicago Sun-Times the family needs to have a full part of the investigation, giving it power to subpoena witnesses who also are being questioned by federal investigators. At a news conference in Lexington Clifford said other families have also contacted his firm.

The family of victim Joann Wright has retained Cincinnati attorney Stan Chesley, who has also filed a suit and a motion for a preliminary injunction on their behalf. Chesley's motion is intended to allow his team to investigate before any wreckage is removed from the scene.

Comair spokesman Nick Miller said he couldn't comment on pending litigation. Instead, he said "Comair extends its heartfelt sympathy to everyone affected by the accident and our focus remains on addressing the needs of family and loved ones in cooperating with the investigative process."

FMI: www.cliffordlaw.com, www.comair.com