Settlement does not simply happen.
The families of the victims of Comair Flight 5191 bare painful details of suffering and loss. Like remembering the bride and bridegroom en route to their island wedding. The magna cum laude accountant, the sixteen year old girl.
Burned alive in the crash.
Separate lawsuits are filed for the individual estates where eventually a jury will be asked to fix liability for the disaster and to award compensatory and punitive damages. IF the cases go to trial.
In the Flight 5191 case, Comair is charged with being negligent in training both pilots. The pilots committed errors before taking off on the wrong runway and crashing.
The airline's made claims against the airport which were dismissed. Some families are filing against the government because a contributing factor was the FAA's failure to require air traffic controllers to issue specific clearances to cross runways.
Airline disaster lawsuits rarely get to trial, which in this case is set for Aug. 4.
A flurry of settlements in the Comair cases have been negotiated in the past few weeks. Only 10 of 47 suits were pending as of Friday. Opposing counsel is rushing to resolve cases prior to the trial date.
What: Comair flight 5191, a Bombardier CL-600-2B19, N431CA,
Where: August 27, 2006
When: 0606:35 eastern daylight time,
Who: The captain, flight attendant, and 47 passengers were killed, and the first officer received serious injuries.
Why: See official report below
NTSB Number AAR-07/05
NTIS Number PB2007-910406
PDF Document(3.4 MB)
Executive Summary: On August 27, 2006, about 0606:35 eastern daylight time, Comair flight 5191, a Bombardier CL-600-2B19, N431CA, crashed during takeoff from Blue Grass Airport, Lexington, Kentucky. The flight crew was instructed to take off from runway 22 but instead lined up the airplane on runway 26 and began the takeoff roll. The airplane ran off the end of the runway and impacted the airport perimeter fence, trees, and terrain. The captain, flight attendant, and 47 passengers were killed, and the first officer received serious injuries. The airplane was destroyed by impact forces and postcrash fire. The flight was operating under the provisions of 14 Code of Federal Regulations Part 121 and was en route to Hartsfield-Jackson Atlanta International Airport, Atlanta, Georgia. Night visual meteorological conditions prevailed at the time of the accident.
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 conversation during taxi, which resulted in a loss of positional awareness, and the Federal Aviation Administration’s (FAA) failure to require that all runway crossings be authorized only by specific air traffic control (ATC) clearances.
The safety issues discussed in this report focus on the need for (1) improved flight deck procedures, (2) the implementation of cockpit moving map displays or cockpit runway alerting systems, (3) improved airport surface marking standards, and (4) ATC policy changes in the areas of taxi and takeoff clearances and task prioritization. Safety recommendations concerning these issues are addressed to the FAA.
About Me
A Note about Tam
TAM is a huge airline with all the resources necessary to have assigned human beings to notify families of their dead.
Such a notification would be painful, indeed, more than words can describe.
But even worse, imagine going on the internet, reviewing the manifest that was made available to the public within hours and finding your mom’s name or your mom and dad’s name or your wife, or your husband.
Imagine that for a moment.
Imagine that days go by and no one from TAM makes any personal notifications to families. No one calls, no one connects on a one on one basis.
What were they thinking when they released the manifest to the public prior to any attempt of locating the next of kin?
TAM, fire the person or persons who made the decision to release the manifest.
Get your act together.
Have a plan in place.
Have people who can be on call immediately to handle these matters.
No matter what you end up paying the family for their losses, they will never forget how they learned about the death of their loved ones.
Shame on you, TAM
----------------------
How about giving a choice to a passenger about boarding a plane that has 1/3 of its braking system disabled.
In the Tam crash of July 2007, all parties agree that the right thrust reverser was disabled. They defend that position by stating that the documentation for an Airbus A320 allows the plane to fly for up to 10 days with a disabled thruster(s).
So let's say that Tam had let everyone that was boarding that plane know about the thrust reverser. Let's say they had even played down the importance of having it operational. Had the passengers known about the disabled thruster, and had they known that it compliments the braking system, what would they have done?
It is possible that not all the passengers would have boarded. Some probably would have transferred to another flight, or would have gone home and waited for another day. But no one was given that notice.
Think about it: the wheel brakes, the wing flaps and the thrust reverser are the breaking system for an airbus a320. I'm not certain that even a seasoned flyer as I am that I would have gone on board knowing that part of the breaking system was not functional.
Mandatory warnings should be required when a plane with broken, flawed, or partially disabled systems is used as if functioning at 100%. Speaking personally on my own behalf, I believe this warning issue–or failure to warn issue–should be legally addressed.
If only one person had not boarded that plane, that would have been one less fatality.
For More of George Hatcher, visit the following links:
Such a notification would be painful, indeed, more than words can describe.
But even worse, imagine going on the internet, reviewing the manifest that was made available to the public within hours and finding your mom’s name or your mom and dad’s name or your wife, or your husband.
Imagine that for a moment.
Imagine that days go by and no one from TAM makes any personal notifications to families. No one calls, no one connects on a one on one basis.
What were they thinking when they released the manifest to the public prior to any attempt of locating the next of kin?
TAM, fire the person or persons who made the decision to release the manifest.
Get your act together.
Have a plan in place.
Have people who can be on call immediately to handle these matters.
No matter what you end up paying the family for their losses, they will never forget how they learned about the death of their loved ones.
Shame on you, TAM
----------------------
How about giving a choice to a passenger about boarding a plane that has 1/3 of its braking system disabled.
In the Tam crash of July 2007, all parties agree that the right thrust reverser was disabled. They defend that position by stating that the documentation for an Airbus A320 allows the plane to fly for up to 10 days with a disabled thruster(s).
So let's say that Tam had let everyone that was boarding that plane know about the thrust reverser. Let's say they had even played down the importance of having it operational. Had the passengers known about the disabled thruster, and had they known that it compliments the braking system, what would they have done?
It is possible that not all the passengers would have boarded. Some probably would have transferred to another flight, or would have gone home and waited for another day. But no one was given that notice.
Think about it: the wheel brakes, the wing flaps and the thrust reverser are the breaking system for an airbus a320. I'm not certain that even a seasoned flyer as I am that I would have gone on board knowing that part of the breaking system was not functional.
Mandatory warnings should be required when a plane with broken, flawed, or partially disabled systems is used as if functioning at 100%. Speaking personally on my own behalf, I believe this warning issue–or failure to warn issue–should be legally addressed.
If only one person had not boarded that plane, that would have been one less fatality.
For More of George Hatcher, visit the following links:
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