LEX Denies Liability In Comair Crash

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Comair Flight 5191 crashed solely because of the “negligence and wrongful conduct of Comair and its flight crew” according to a response by the Lexington-Fayette Urban County Airport Board and the airport corporation to a suit launched by Comair against the airport and the federal government. Comair said the suit is an attempt to spread the liability burden that will result from the Aug. 27 crash, which killed 49 of the 50 people on board. But the airport board says everything was by the book the morning the Comair flight took off from a general aviation runway that was too short for the Bombardier regional jet. All the evidence might be moot in the case, however. In some cases, government entities are exempt from this kind of litigation through something called “sovereign immunity.” Comair lawyers and some of the lawyers representing victims’ families claim that Kentucky law is unclear on that point. The airport board also claims that Comair has no business suing anyone, since it is its insurance company, United States Aviation Underwriters, that will pay all the claims. Comair didn't return AVweb's request for comment over the weekend.