The third Flight 5191 lawsuit was filed against Comair yesterday by the estate of Erik Harris, who was one of the 49 people who died in the Aug. 27 crash near Blue Grass Airport.
The lawsuit, filed in U.S. District Court in Lexington, is the first to name Delta, which is in bankruptcy, as a defendant. It alleges negligence and breach of warranties by Delta and Comair, which is a wholly owned subsidiary of Delta.
The estate, administered by Richard Harris, Erik’s father, is asking for unspecified compensatory and punitive damages. It was filed by Frost Brown Todd of Lexington and Schaden, Katzman, Lampert and McClune of Colorado and Michigan.