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Thu, Aug 31, 2006

Legal Analysts Say Comair Lawsuits Are Virtual Certainty

Airline Gives Victims' Families $25,000

No one knows for certain yet why a Comair CRJ-100 took the wrong runway at Blue Grass Airport early Sunday morning... and then attempted takeoff. But one thing does seem inevitable -- the lawyers will have their say in the case.

Just one day after the tragic crash, attorneys with aviation legal firm Motley Rice let it be known it conduct an investigation into the accident -- and you know what that means.

"There is seldom a single cause for an accident. It is usually a chain of events that culminates in tragedy," said Don McCune, a retired airline captain and aviation attorney with Motley Rice LLC. "Before a rush to judgment, it will be necessary to carefully consider all the factors that could lead to such an error."

Legal experts agree that will likely be but the first of many lawsuits against Comair involving the case, due to the unusual circumstances surrounding the crash of the CRJ.

Those same experts also agree that legal protections afforded by Comair's state of bankruptcy won't be enough to protect the airline from litigation, according to the Associated Press.

While it has not yet been determined what factors contributed to the accident -- in fact, the NTSB has yet to issue a preliminary report -- most analysts agree the airline will be the focus of any lawsuits regarding the lost CRJ.

As one law professor puts it -- airlines have a high legal obligation to protect their passengers... and it appears, in this case, that "very stringent standard of care" wasn't met.

In related news, Comair announced this week it will give the families of the victims $25,000 per passenger in cash assistance, to help with expenses related to the tragedy.

"We understand that no monetary relief can overcome the grief of losing a loved one," Comair spokeswoman Kate Marx told Bloomberg. "But we also recognize there likely will be additional financial demands at this difficult time and we hope this form of assistance can help alleviate some of the immediate financial pressures."

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

 


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