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Families of the victims of the Comair Flight 5191 crash in Lexington may seek punitive damages from the airline, a federal judge has ruled.
The ruling, made public Monday, will allow attorneys to present evidence of gross negligence on Comair’s part. Plaintiffs attorneys will ask jurors in the Aug. 4 trial to punish Comair for failing to take actions that the plaintiffs say could have prevented the Aug. 27, 2006, crash, which killed 49 of 50 people on board.
Flight 5191 crashed after it took off from the wrong runway, one that was unlit in the dark of early morning and was far too short for a regional jet.
Plaintiffs attorney David Royse said the ruling was a major legal victory.
U.S. District Judge Karl Forester also ruled that Comair could be hit with punitive damages for the gross negligence of the pilots, James Polehinke and Jeffrey Clay. Polehinke was the only survivor and is a defendant in the lawsuit.
For more on this story, see Tuesday's Herald-Leader.
Read the ruling