Comair First Officer Named In Crash Suit

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Key Takeaways:

  • A lawsuit has been filed against Comair and First Officer James Polehinke, the sole survivor of Flight 5191, by the family of crash victim Charles Lykins.
  • Polehinke was named in the suit because the plaintiff's lawyer was unable to reach a settlement with his insurance company.
  • The suit was filed in Florida, where awards for such cases are typically higher, seeking damages under the state's Wrongful Death Act and targeting Comair's insurer.
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First Officer James Polehinke, the lone survivor of the Comair Flight 5191 crash, is among those named in a lawsuit filed on behalf of the family of a Florida man who died in the crash. In a news release, lawyer Stephen Marks, who has won a number of multimillion-dollar settlements in airplane crash suits, said he tried to keep Polehinke out of the case directly but he was unable to come to terms with his insurance company. The suit also names Comair and was filed in Broward County, where Polehinke lives, but it wasnt done that way for his convenience. Marks said awards in this type of suit are typically higher in Florida than in other states. The damages are being sought under Floridas Wrongful Death Act and Marks says the verdict could be a major hit for Comair insurer U.S. Aviation Insurance Group. Marks is representing the family of Charles Lykins, 46, of Naples, Fla., who was supposed to be on a later flight but switched to Flight 5191 to get home earlier to see his wife, Karen, and his two small children, aged seven and five.

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