The family of Charles Lykins, who died in the Flight 5191 crash on Aug. 27, has filed a wrongful-death lawsuit against Comair and co-pilot James Polehinke in Naples, Fla.
It is apparently the first lawsuit naming Polehinke, who was the flight's lone survivor and was severely injured.
"We sought to avoid having Mr. Polehinke named as a party but were unable to reach what we thought would be a routine stipulation with the insurer," attorney Steven C. Marks said.
Delta Airlines also is named as a defendant.
Marks said the lawsuit was filed in a state court in Broward County because Polehinke lived there, in Margate, and South Florida historically has had higher jury verdicts than Kentucky.
Lykins, a Kentucky native, also lived in Florida at the time of his death. At least 13 other lawsuits have been filed because of the Comair crash, which killed 49 of 50 people aboard.