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(Lexington Herald Leader)   Lawyer for co-pilot in the Comair crash last year in Lexington says the 47 victims are to blame for the crash. The "they bought their tickets, I say let 'em crash" defense needs a little tweaking   (kentucky.com) divider line 85
    More: Dumbass  
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11293 clicks; posted to Main » on 25 Jan 2008 at 7:23 AM   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2008-01-25 07:26:10 AM
Wow.

\that is all
 
2008-01-25 07:28:08 AM
+1 Subby for evoking a fairly oblique Airplane! reference!
 
2008-01-25 07:29:49 AM
wtf is a lawer?
 
2008-01-25 07:29:52 AM
So did he come?
 
2008-01-25 07:32:57 AM
bill johnson (the lawywer) won a couple of big cases many years ago and made a name for himself, which he has lived off of. now, he is just a foolish old man. this pilot guy better be looking for a new lawyer.
 
2008-01-25 07:37:12 AM
Well, good luck with that one, Bill. Let us all know how that turns out.
 
2008-01-25 07:39:04 AM
BendreGiant: wtf is a lawer?

y do you want to know?
 
2008-01-25 07:44:01 AM
surely. you they must be kidding?
 
2008-01-25 07:44:55 AM
They're not kidding... and stop calling me Shirley.
 
2008-01-25 07:45:00 AM
Good luck you two, we're all counting on you.
 
2008-01-25 07:45:58 AM
They forgot to mention that the passengers should have known that it was dangerous to be flown by a pilot who looks like the cowboy from The Village People...

media.kentucky.com
 
2008-01-25 07:47:27 AM
Even if that defense were true its still the pilot's responsibility to ensure the safety. If he is saying the runway was unsafe it is his call to cancel the flight.
 
2008-01-25 07:50:11 AM
I agree. The passengers could have looked out the window, seen that they were on the wrong runway, and alerted the pilot by banging on the cockpit door.

Whatever happened to personal responsibility?
 
2008-01-25 07:52:10 AM
Flying a plane is no different than riding a bicycle, just a lot harder to put baseball cards in the spokes.
 
2008-01-25 07:56:01 AM
wtf is a lawer?

A person who files lawsuits for money, but that's not important right now.
 
2008-01-25 07:58:21 AM
But did they get over Macho Grande?
 
ZAZ [TotalFark]
2008-01-25 07:59:33 AM
There are lawyers who stuff every affirmative defense known to God and Man into the answer hoping that one of them will stick, and they will keep doing that until judges start enforcing rule 11 sanctions on the spot with tasers.

(Rule 11 is a sort of truth in advertising law for court cases -- you have to have some reason to believe that what you say in court might be true.)
 
2008-01-25 08:03:09 AM
Using that defense is only slightly more callous than suing the only survivor of the flight just because he was in the cockpit. Bankrupting his family won't bring yours back, and his wife and kids didn't do anything to deserve a lifetime of poverty because of it.
 
2008-01-25 08:03:11 AM
Looks like a picked the wrong day to give up practising law.
 
2008-01-25 08:06:37 AM
Howie was a rock.
 
2008-01-25 08:12:08 AM
Ted, we've lost the crew and Simon's turned to jelly!
 
2008-01-25 08:12:46 AM
bwlono: But did they get over Macho Grande?

No, I don't think they ever got over Macho Grande. I don't think anybody did.
 
2008-01-25 08:15:11 AM
Jacobin: I agree. The passengers could have looked out the window, seen that they were on the wrong runway, and alerted the pilot by banging on the cockpit door.

Whatever happened to personal responsibility?


It's gone since the damn liberals took over Congress. And this proves it.
 
2008-01-25 08:18:48 AM
Suing him for the incident is just as retarded as the defense.
 
2008-01-25 08:20:01 AM
bwlono
no one will get over mucho grande....
 
2008-01-25 08:20:53 AM
we're they on instruments?
 
2008-01-25 08:27:51 AM
BendreGiant: wtf is a lawer?

A lawer is one who smubbles.
 
2008-01-25 08:30:09 AM
Don't start in with your "white zone" shiat again.
 
2008-01-25 08:31:08 AM
I don't know why this flight was so difficult for the pilot. After all, flying a plane is no different than riding a bicycle. It's just a lot harder to put baseball cards in the spokes.
 
2008-01-25 08:32:27 AM
Link farked?

Look like they picked the wrong week to get hit with the Fark effect.
 
2008-01-25 08:34:17 AM
Not farked, but here it is in case that happens:

HERALD-LEADER EXCLUSIVE
Lawyer claimed 5191 victims shared blame
Defense by co-pilot to be withdrawn
By Brandon Ortiz
B­ORT­IZ­[nospam-﹫-backwards]RE­DAEL-DLAREH­*C­OM

A lawyer for the first officer of Comair Flight 5191 has asserted a novel, and controversial, defense in 21 lawsuits filed against him: that the 47 passengers of the doomed flight share the blame for their deaths.

In response to questions from a plaintiff's lawyer, James Polehinke's lawyer asserted that the passengers killed in the Aug. 27, 2006, crash should have known that Blue Grass Airport was dangerous because of considerable media coverage of a massive runway construction project there. They should have known the air traffic control tower was understaffed, that airports in Louisville and Northern Kentucky are safer and that taking off in the dark is dangerous, wrote William E. Johnson, a well-known attorney from Frankfort.

On Thursday Johnson said he'd be withdrawing that defense. But the families of the passengers had already learned of the assertion, and their attorneys were flabbergasted that Polehinke's defense team would even attempt the argument.

Attorney David Royse, who represents two families, said it amounts to a blame-the-victim strategy. Polehinke had asserted "contributory negligence" -- legalese for saying the other party is also at fault and contributed to their injuries.

"We find it ironic and disingenuous that he would suggest the passengers are now at fault when he was the pilot and he had all this information," Royse said.

Michigan trial lawyer David Katzman, who has been involved in numerous aviation lawsuits around the country, including the Comair litigation, said he's never seen a pilot raise that defense.

"It was the most surprising affirmative defense I've ever seen," Katzman said.

Lawyers for Polehinke had claimed contributory negligence since they responded to the first suit filed against him in November 2006, Johnson said. But they did not provide details of what they meant until Johnson answered interrogatories -- written questions --from Royse earlier this month.

Johnson called it "old news."

He said attorneys had to respond to the lawsuit before they knew all the facts, and before they could even speak with Polehinke. Any defense that is not raised early in the lawsuit is considered waived.

"After we looked into it more, we found that is not a proper defense," Johnson said.

The response has not been filed in U.S. District Court in Lexington. It was served on Royse, who had asked Polehinke to provide each fact he believes in good faith supports his claim.

Johnson said he told Royse on Wednesday that he'd be withdrawing that defense.

"I see evidently Mr. Royse has tried to make something out of it when he finds out we're going to withdraw it," Johnson said.

Through the years, Johnson, 75, has represented several political figures and high-profile criminal defendants, including Shane Ragland, Melbourne Mills and Ron Berry.

He said Polehinke, the flight's only survivor, "is a person who is not in the world's best shape." But Johnson did not directly respond to questions about whether Polehinke agreed that passengers shared blame.

"What he is going to say is what we say, and we're going to say that we're withdrawing that defense," Johnson said. "I can't put it any straighter to you."

Royse said contributory negligence is an outdated legal defense.

It was once an absolute defense, meaning a plaintiff could not recover anything if he was even slightly at fault. In the late 1980s the Kentucky Supreme Court replaced it with "comparative negligence," under which a jury can assign a percentage of fault to each party.

Flight 5191 crashed after it took off in the pre-dawn darkness from the wrong runway, which was far too short for the 50-seat regional jet. After an investigation, the National Transportation Safety Board found that the probable cause of the crash was pilot error.

The board said Capt. Jeffrey Clay and Polehinke failed to confirm their position on the runway, ignored cues that they were in the wrong place and violated "sterile cockpit" procedures with too much chat.

Wyn Morris's father, Leslie, a lawyer, died in the crash. Wyn Morris said the legal wrangling since the crash has become such "a freak show" that Polehinke's claim doesn't surprise him.

"It's been an insane experience," Morris said. "The whole process just seems so carnival-like. You almost get a laugh ... Not to be disrespectful to anybody, but it seems like a thousand kinds of madness. So really this is just one more."

Comair has accepted responsibility in the crash, though it has also said the airport and Federal Aviation Administration share blame. It has not pointed at passengers.

Comair spokeswoman Kate Marx declined to comment Thursday, other than to note that Polehinke has his own defense team.

"It would be inappropriate for me to comment on another defendant's legal case," Marx said.

A lawyer for the Blue Grass Airport board, however, did not hold back.

"The notion that Flight 5191 passengers somehow share blame for their deaths is offensive," lawyer Tom Halbleib said. "The airport board sympathizes with those families who found the assertion outrageous."

What it said

Lawyers for Flight 5191 co-pilot James Polehinke have asserted contributory negligence -- legalese for the other party shares blame -- as a defense to lawsuits against him for more than a year. A plaintiff's attorney asked Polehinke's lawyers to explain why he is making that claim. Lawyer William E. Johnson responded on Jan. 4:

INTERROGATORY NO. 1: Describe in detail each fact of which you or your counsel are aware or believe in good faith you are likely to establish in support of the allegations set forth in the Fourth Affirmative Defense (contributory negligence) in your Answer.

ANSWER: The decedent should have been aware of the dangerous conditions at the Bluegrass Airport on the morning of August 27, 2006, in that there had been considerable media coverage about the necessity of improving runway conditions at the airport. In addition it was well known that construction was ongoing at the airport which contributed to the dangerous condition existing at the airport, including the likelihood of the construction project leading to confusion about the appropriate runway for takeoffs and landings. Further, it was well known through media publications that the tower was understaffed by the FAA. The airports located in Jefferson and Boone Counties, Kentucky are in close proximity and known to be much safer for use. The defendant (sic) was aware that the take off would occur during hours of darkness thereby increasing the dangerous condition.
 
2008-01-25 08:34:39 AM
www.brooklynsucks.com
 
2008-01-25 08:39:12 AM
"The National Transportation Safety Board determines that the probable cause of this accident was the flight crewmembers' failure to use available cues and aids to identify the airplane's location on the airport surface during taxi and their failure to cross‑check and verify that the airplane was on the correct runway before takeoff. Contributing to the accident were the flight crew's nonpertinent conversations during taxi, which resulted in a loss of positional awareness and the Federal Aviation Administration's failure to require that all runway crossings be authorized only by specific air traffic control
clearances."

Report of Aviation Accident, Comair Flight 5191, NTSB/AAR-07/05 (pops)

This lawyer is a whole new kind of asshole.
 
2008-01-25 08:41:01 AM
I think it is stupid that the guy is being sued cause he is the only one that lived.

That and he is the co-pilot. I am sure he has input, etc into the situation but sometimes an accident is just an accident. Why don't the victims families realize that?

Defense is being stupid but the case is stupid to begin with.
 
2008-01-25 08:41:13 AM
Wow... just wow.

/Has a comair employee who works for me at faires. Will have to see what she thinks of this.
 
2008-01-25 08:42:22 AM
bwlono: They'll never get over Macho Grande.
 
2008-01-25 08:43:48 AM
earthwirm: That and he is the co-pilot. I am sure he has input, etc into the situation but sometimes an accident is just an accident. Why don't the victims families realize that?

The flight crew screwed this one up pretty good.

Violating the "Sterile Cockpit" rule pretty much opened them up to any kind of suit.

Its something you just don't do. Its not like a pilot error thing. It shows some serious lack of training or discipline that is, quite frankly, easy to look at and say "These guys were not doing their jobs correctly at all"
 
2008-01-25 08:44:39 AM
looks like i picked the wrong week to stop sniffing glue
 
2008-01-25 08:47:53 AM
ZAZ: There are lawyers who stuff every affirmative defense known to God and Man into the answer hoping that one of them will stick, and they will keep doing that until judges start enforcing rule 11 sanctions on the spot with tasers.

(Rule 11 is a sort of truth in advertising law for court cases -- you have to have some reason to believe that what you say in court might be true.)


That's sort of hitting the fan in Virginia right now. One of the judges in my county imposed six-figure sanctions for including affirmative defenses that had no basis in fact, and the Supreme Court upheld. People around here are paying close attention to that now.
 
2008-01-25 08:53:19 AM
I hate lawers.
 
2008-01-25 08:53:43 AM
Gwendolyn: Suing him for the incident is just as retarded as the defense.



Why are they suing the pilot? Why not the airline? Seriously, how much cash can one man have? But the airline likely has deep pockets.
 
2008-01-25 08:53:46 AM
Can't wait until this one works its way around the Comair offices.. fun fun! What a chode
 
2008-01-25 08:58:17 AM
I think the defense attorney is going for an assumption of risk argument. In other words, he seems to be arguing that flying is inherently dangerous and passengers accept that potential risk by getting on the airplane. It's a stretch because the pilot still probably breached whatever duty of care pilots have.

/Nice try, Mr. Attorney, but your argument won't fly.
//Just like the plane.
 
2008-01-25 09:01:40 AM
I am really sure the co-pilot boarded the plane that day and said, I'm gonna kill everyone on board except myself...

/looks like his plan worked
//who knew that the families of the victims would be so smart as to sue him for it.
 
2008-01-25 09:02:11 AM
They let Borat fly the plane? Might have been the problem...
 
2008-01-25 09:06:36 AM
In every plane crash, at least five things happen that should not have happened.

1) The person(s) at the controls is never responsible for all five.

2) The others things are always really big and really bad.

/asshat suit
 
2008-01-25 09:23:40 AM
Through the years, Johnson, 75, has represented several political figures and high-profile criminal defendants, including Shane Ragland, Melbourne Mills and Ron Berry.

Anyone have a clue who these people are??
 
2008-01-25 09:24:05 AM
There's a white sale at Penney's !
 
2008-01-25 09:25:03 AM
establishmentarian: In other words, he seems to be arguing that flying is inherently dangerous and passengers accept that potential risk by getting on the airplane. It's a stretch because the pilot still probably breached whatever duty of care pilots have.

If he's arguing (FTFA) that the passengers were contributarily negligent, then he'd have to show that they didn't do everything that a reasonable passenger would to ensure their safety. Since there are established bodies which regulate air transport, simply buying an official ticket should be enough. After that, unless they were negligently operating an arc welder whilst in the passenger cabin, the lawyer is a flaming arsehole.
 
2008-01-25 09:26:47 AM
what an idiot.

1. not every defense is waived if you don't assert it in your answer.

2. he could have easily responded to the interrogatories with "discovery is just begining...need more facts...yada yada yada".

3. blame the vicitm is a surefire way to p#ss off a jury and get a nice sized plaintiffs' verdict on your record.
 
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