Calls Lawsuits "A Required Procedural Step"

Is it an attempt to spread the blame for a tragic airline accident... or does Comair have a case in filing a claim Friday against the Federal Aviation Administration, for the agency's possible role in the August 27 loss of a CRJ100 at Blue Grass Airport in Lexington, KY?

Calling the lawsuits "a required procedural step," Comair also filed suit against the Lexington Airport Board, and various other KLEX airport officials. In a release to ANN, Comair said the suit asks the court for a "declaratory judgment" that they share responsibility for the accident.

Comair noted the suit seeks no monetary damages... but rather, is a "necessary legal declaration that if Comair settles claims now to compensate the families, Comair or its insurer can seek contribution from the airport and the US government."

Translation: if Comair has to pay for damages in the accident that claimed the lives of 49 out of 50 persons onboard the regional jet... the airline can then go after the government for compensation.

"Comair is committed to ensuring prompt, fair and reasonable compensation for the families and all victims of this tragic accident," said Comair president Don Bornhorst. "We filed the lawsuit and administrative claim to help resolve in a timely manner how costs for the victims' families are shared fairly and reasonably among all parties who share responsibility for this accident."

Of course, the fact that FAA policy may have played a role in the accident isn't lost on the troubled regional airline. As Aero-News has reported, the FAA admits a second controller should have been in the Lexington control tower on the morning of the accident... but the agency stopped short of saying a second set of eyes may have prevented the pilots of flight 5191 from attempting to takeoff from the wrong runway.

Bornhorst reiterated that the National Transportation Safety Board’s investigation was ongoing and Comair would continue to cooperate completely with that investigation.

"Separate and apart from the NTSB’s investigation and ultimate findings, we want to ensure prompt compensation for the families and victims, and resolve the appropriate apportionment of financial costs. This must be accomplished through the legal process," Bornhorst said.

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