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New York Plane Crash Wrongful Death Suits Settled
  • USA - English


News provided by

Pulvers, Pulvers & Thompson LLP

Apr 08, 2014, 16:15 ET

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Colgan Air, allegedly, did not train their pilots sufficiently and required them to fly even though they were fatigued or ill.

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New York, NY (PRWEB) April 08, 2014 -- According to court documents, the plane crash occurred when a flight from Newark, New Jersey to Buffalo, New York stalled in midair and subsequently, killed 50, in 2009. Accident investigators concluded that the accident was caused by pilot error. All aboard the flight were killed and one victim on land. Early in the case Comair had moved to dismiss the claims for punitive damages on the basis that they were not responsible for the wrongful conduct of the pilots because they acted against Comair’s training and protocol. The pilots allegedly did not perform a proper pre-taxi briefing, but this motion was eventually dismissed by the courts.

The law suit is against Continental Airlines along with Pinnacle Airlines and former subsidiary Colgan Air, the regional carrier that operated the flight in a wrongful death lawsuit. The plaintiffs alleged that Colgan Air did not train their pilots sufficiently and required them to fly even though they were fatigued or ill.

The lawsuit was filed in the U.S. District Court, Western District of New York in Buffalo against Continental Airlines, Inc. (Texas); Pinnacle Airlines Corp. (Tennessee); Colgan Air, Inc. (Virginia); and Bombardier Aerospace Corporation (Texas). Case number: 09-CV0174-S. None of the settlement amounts have been disclosed yet.

Thus far, according to public record, none of the cases involved with the crash of Flight 3407 have actually gone to trial. Harlan Thompson, of the New York personal injury law firm Pulvers, Pulvers & Thompson, says "It is common to seek punitive damages for pain and suffering" to help alleviate some of the stress and misfortune of losing a loved one, "But no amount is ever enough in a wrongful death case. It is just a very unfortunate position to be in. But hopefully this can help the victims loved ones." Pulvers, Pulvers & Thompson, although not handling this case, has tried countless other Wrongful Death cases and wishes the best for the victims families of this horrible accident.

According to the Pulvers & Thompson website, there are two kinds of damages that a recipient can recover for a wrongful death lawsuit, economic damages and pain and suffering damages. Economic damages are based on factors of the victim like life expectancy, medical costs, funeral expenses, etc... While pain and suffering damages are to compensate the damages that the loved one suffered and there is no limit, in the state of New York, for the potential amount awarded.

For more information on wrongful death lawsuits contact Pulvers, Pulvers & Thompson today.

Harlan Thompson, Pulvers, Pulvers & Thompson LLP, http://www.pulversthompson.com, +1 2123558000, [email protected]

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