Says Field Enjoys 'Sovereign Immunity' As Government
Entity
A Fayette County Circuit Court judge
ruled Thursday Blue Grass Airport in Lexington, KY cannot be sued
for damages stemming from the deadly takeoff crash of a Comair
CRJ-100 last August.
The Cincinnati Enquirer reports after two hours of
deliberations, Judge James Ishmael ruled the airport cannot be held
legally responsible for the accident, as it falls under "sovereign
immunity" as an entity of the merged Lexington-Fayette County
government.
While cities and city entities may be sued under Kentucky's
constitution, counties cannot be without a waiver from the General
Assembly -- a step that hasn't been taken in the Comair case.
The decision is a blow for the Delta regional subsidiary, as it
struggles to collect damages and divide blame for the accident that
claimed 49 of the 50 persons onboard the regional jet, which
departed the wrong runway at the airport.
As ANN reported, last week
the National Transportation Safety Board ruled pilot error was the
primary cause of the August 27, 2006 takeoff accident -- saying
both pilots failed to heed runway signs and a NOTAM on
construction at the airport. The Board also said the FAA shouldered
some responsibility, for failing to enforce its own suggestions on
proper runway checks before takeoff.
While it did not single out Blue Grass Airport, the NTSB also
suggested improved runway and taxiway markings at regional airports
across the country. Comair has maintained the airport is at least
partially to blame for the accident, saying poor markings might
have contributed to the crew lining up on Runway 26, instead of the
correct -- and much longer -- Runway 22.
Comair attorney Ed Stopher tried unsuccessfully to convince the
court while Blue Grass Airport is a county entity, it operates
independently and receives little government money -- in essence,
that KLEX operates as a private airport.
"Airports are not governmental by nature any more than a theater
is governmental by nature," Stopher said.
Judge Ishmael wasn't convinced by the airline's efforts, however
-- siding instead with airport attorney Kevin Henry, who countered
the airport's runways and taxiways "operate like public roads for
airplanes."
There was precedent for the decision, as well: a 1985 case that
ruled KLEX was governmental in nature, and thereby immune from
lawsuits.
The airline is now milling over whether to appeal the decision,
according to Comair spokeswoman Kate Marx.
Comair spokeswoman Kate Marx said afterward that the airline was
weighing whether to appeal.