Comair last week served Kentucky's Lexington Airport Board, various officials and the US government with a lawsuit, which claims the parties contributed to the fatal 27 August crash of a Bombardier CRJ100 that killed all but one of the 50 people on board and should therefore share liability.

In a suit filed in a Kentucky court, Comair, a Delta Air Lines subsidiary, requests a declaratory judgement stipulating that, if it settles monetary claims now to compensate the families of the victims, the carrier or its insurer can seek contribution from the airport and the US government.

Comair has also filed an administrative claim against the government, which - based on the actions of the US Federal Aviation Administration - is responsible for the decision "which led to a sole air traffic controller being on duty in the air traffic control tower cab" at the time of the incident, as well as the inspection and approval of the taxiway and runway configuration, design and markings, and the construction activities at the airport, the regional claims.

Comair Flight 5191 crashed in pre-dawn darkness after a failed take-off from the general aviation runway at Lexington, which is half the length of the 7,003ft (2,135m) main runway 22 that it was instructed to use.

Source: Flight International