The lawyer representing the Co-Pilot of Comair 5191, the sole survivor of the August 2006 crash following a take off on the wrong runway, has claimed in the defense case that the passengers who died were partially to blame for their own deaths. His logic is that because there was media coverage of the runway construction work, the understaffing of ATC, the increased safety record of other airports in the area and the dangers of operating in the dark, there was a case of "contributory negligence" on their part - ie. they should have known better than to get on the plane. Once the defense assertion became public knowledge on Thursday. the lawyer is said to have withdrawn the claim.
Clearly the Defense Attorney has the job of getting his client the most favorable result, but it appears a line has been crossed on this case.
The article is here;
http://www.kentucky.com/211/story/297109.html
The Defense assertion was:
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.