Delta Regional Carrier Must Pay $7.1 Million In Wrongful Death Damages

A Kentucky judge has ruled that the family of a man who was killed in a plane crash involving Comair, Delta Airlines regional carrier should receive $7.1 million in wrongful death compensatory damages. The judge has however ruled against punitive damages. The crash on August 27, 2006 involved Comair flight 5191 on its way to Atlanta from Lexington. The plane crashed into a field as it was trying to take off on a runway at Lexington's Bluegrass Airport, killing 49 people on board.

Data from the flight's Black Box recorder later showed that the pilots had mistakenly tried to take off from a runway that was too short. According to investigations, this proved to be a critical and fatal mistake. The runway was just about 1,500 feet long, not even half the length of the main runway at the airport. This particular runway was not intended for commercial flights. The plane needed at least 5,000 feet to be able to complete take-off and get off the ground. The smaller runway was typically used for smaller planes.

In 2007, the National Transportation Safety Board completed its investigation, and found that the pilot had used a runway that was too short for a proper and safe takeoff. Not only was the runway shorter than required, but it was also unlit. The National Transportation Safety Board also had words of criticism for the Federal Aviation Administration. According to the Board, the federal agency also contributed to the crash by failing to require that pilots get approval from the air traffic controller before crossing runways.

According to US District Judge Karl Forester, there is evidence that the pilots of flight 51 violated Comair's training, and bypassed the regulations contained in the Airline's pilot manuals. The pilots also failed to maintain a sterile cockpit without distractions. The verdict came in a wrongful death lawsuit filed by the family of Brian Woodward an electrician from Louisiana. His family has been awarded damages of $7.1 million in the plane crash. His 15-year-old daughter has been awarded $3 million in damages, while damages of $2 million were awarded to his 19-year-old daughter. The jury also awarded $1.3million to his estate for lost earning power, as well as $750,000 for his pain and suffering. However, the judge declined to avoid punitive damages in this case. According to the judge, the plaintiffs failed to show that the management of the airline exhibited a cavalier attitude towards safety. A California wrongful death lawyer will add punitive damages to a claim only if the defendant acted in a reckless manner that put other's lives in danger.

According to data obtained under the Freedom of Information Act, the airline has already settled with the families of the persons killed in the crash. Families of the passengers who were killed in the crash received a total of $204 million in compensatory damages. That works out to an average of about $5.9 million per passenger.