Asks For Two-Month Head Start Ahead Of Liability Case

Attorneys representing Comair in upcoming liability trials have asked a judge to move up its case against the Federal Aviation Administration, regarding the August 27, 2006 early morning takeoff crash of a CRJ100 in Lexington, KY.

Representatives of the Delta Air Lines regional subsidiary want the judge to hear Comair's case against the FAA, and make a ruling, two months ahead of the rest of the liability case goes to trial, reports The Associated Press. The combined liability trial is scheduled to begin August 4.

As ANN reported, the regional jet crashed on takeoff from the shorter of two available runways at Lexington's Blue Grass Airport. The airliner was cleared to depart on the 7,000-foot Runway 22, but instead lined up to depart from the unlighted, 3500-ft. Runway 26. First officer James Polehinke, who was the flying pilot at the time of the accident, was the sole survivor out of 50 persons onboard.

The National Transportation Safety Board ruled the accident was caused largely by the actions of the plane's flight crew -- but Comair asserts the FAA was at least partially culpable, due to a staffing shortage in the LEX tower. The airline notes only one controller was on duty at the time of the accident, to cover ground, tower, approach/departure, and clearance duties. That controller's back was turned to the runway at the time of the crash.

Comair wants the FAA's level of responsibility determined in court ahead of  FAA counters it would be impossible for a judge to determine the agency's responsibility, without hearing the entire case.

"Comair's request to slice off one aspect of this factual sequence for a separate trial simply makes no sense," the FAA responded.

The regional airline says it has reached financial settlements with a number of families of crash victims, but says it has run into a "logjam" in seeking more settlements -- an issue that would be resolved if the FAA trial is moved up, Comair told the court.

US District Judge Karl Forester set the trial date in January. In addition to determining liability, the August 4 trial will also determine if Comair will be held responsible for punitive damages.

FMI: www.comair.com, www.faa.gov, www.ca6.uscourts.gov/internet/index.htm