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Families of crew sue airport, FAA: They say responsibility for fatal crash is shared
Posted: July 8th, 2008



Aug. 30--The sole survivor and families of crew members of Comair Flight 5191 have sued Blue Grass Airport, the Federal Aviation Administration and employees of the airport and FAA, alleging they share blame for what happened in the crash of Flight 5191.

Amy Clay, widow of Capt. Jeffrey Clay, First Officer James Polehinke and the family of flight attendant Kelly Heyer, filed separate lawsuits last week in U.S. District Court in Lexington. The suits allege that Blue Grass Airport, the FAA, several individuals and a contractor hired to provide airline pilots with updated maps of airports share responsibility for the crash.

Polehinke also has sued Tetra Tech Inc., the engineer and contractor that worked on Blue Grass Airport's reconstruction project at the time of the accident. Earlier this week in Fayette Circuit Court, Polehinke filed a lawsuit against AVCON, the manufacturer of the runway and taxiway lights at the airport. The Heyer family has also sued two other subcontractors on the construction project.

Comair Flight 5191 crashed after trying to take off from the wrong runway on Aug. 27, 2006, killing 49 of 50 people on board.

The National Transportation Safety Board, in its investigation of the accident, has cited pilot error. It concluded that Clay and Polehinke failed to confirm their position on the runway, ignored cues that they were in the wrong place and chatted about issues not related to takeoff procedures.

Amy Clay has said in interviews that her husband and Polehinke, the one survivor of the accident, were not solely responsible for the crash and that there were multiple problems that led the pilots to taxi to the wrong runway that morning. Polehinke has said little about the accident and is recovering in Florida from extensive injuries he suffered in the crash.

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