Faces Wrongful Death Lawsuit From August Crash

The sole survivor of the August 27 crash of a Comair CRJ in Lexington, KY has hired an aviation litigation attorney to represent him in a lawsuit stemming from his role in the accident that claimed 49 lives.

As Aero-News reported, the wrongful death lawsuit was filed last month against co-pilot James Polehinke, 44, of Margate, FL, in Broward District Count. The suit, which also names Delta Air Lines Inc. and Comair, was later moved to federal court. The suit was brought by the family of Naples, FL, resident Charles Lykins. It seeks damages in excess of $75,000.

H. Bruce Brandon of Greensboro, NC told the South Florida Sun-Sentinel he was Polehinke's lawyer. He declined to answer any questions about the case.

According to federal documents, at least 16 other lawsuits have been filed either against Delta Air Lines, Comair, or both. Most were filed in Kentucky federal or state courts. The suit filed by Lykins' family was the first to name Polehinke as a defendant.

Polehinke returned to South Florida only this past Friday, after spending two months at a rehabilitation hospital in Lexington. He was initially treated at the University of Kentucky's Chandler Hospital, where his left leg was amputated. He will continue with therapy in Florida.

Comair Flight 5191 crashed before dawn after the plane took off from an unlit, undersized runway at Kentucky's Blue Grass Airport.

FMI: www.ntsb.gov, www.comair.com