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Sun, Aug 03, 2008

Report: Comair Civil Trial Called Off

Most Cases Resolved In Settlements

It's over. A federal judge called off the planned Monday hearing into lawsuits stemming from the August 2006 takeoff crash of a Comair regional jet in Lexington, KY.

The Associated Press reports US District Court official Mark Armstrong confirmed the trial has been cancelled, as family members have settled most cases against the airline out of court.

"Since the day of the accident, Comair has committed itself to treating the passenger families fairly and respectfully," Comair spokeswoman Kate Marx said. "It is comforting to come so far in this process and know we've honored our initial commitment."

As ANN reported, Comair Flight 5191, a CRJ100 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.

Two outstanding cases against the federal government and other parties -- but not involving Comair -- remain unresolved, said court clerk Susan Baker. A third case, this one filed against the Delta Air Lines subsidiary, remains open but has not had a trial date set due to a change in attorneys.

Comair has also sued the FAA, to force the agency to share in compensation costs to victims of the crash. A number of lawsuits involving Polehinke also remain open.

Still, for families who lost their loved ones on the morning of August 27, 2006, the settlements should finally bring them some peace.

"It's an end of a long and horrible event for this community," said attorney Joe Savage, whose client settled her case against the airline for the loss of her parents. "I'm frankly glad everything is over and we can all get on with our lives."

FMI: www.comair.com

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