I am only surprised at how long it took to file suit.
Continental is also facing a huge trial in France regarding its POSSIBLE role in the crash of Air France Concord.
IF the plane in Denver was mechanically sound at the start of the takeoff roll, and didn't suffer a mechanical problem during the takeoff roll, a lawsuit is certainly justified. As we all know , an aborted/rejected takeoff at high speed is a very demanding maneuver and may not end in a pretty picture. It seems so little was said during the takeoff roll, I am greatly concerned about CRM in this cockpit. I am very interested to find out which crewmember actually commanded ABORT or REJCT...there are many questions still unanswered here.
I've flown with people, in jets mind you, that really didn't care about being on the darn centerline throughout the takeoff or landing. It wasn't as important as being smooth!
The moment a plane diverges from centerline is time to do something...by the time the main wheels are no longer stradling the centerline, things are going to hell in a handbasket (can I say hell?) Aggressive action might have saved things in this situation. Perhaps a better training scenario is due at many airlines.
I know of one case on a 737 300 that the engines didn't spool up at the same rate...the pilot didn't hold the brakes until the engines were spooled up and he had a heck of a time keeping the thing on the runway.
Was this a rolling takeoff? Were the flight controls properly set for Xwind?
It is too soon to be sure, but it is not too soon to have lots of questions. The one area of flying that really hasn't been fully researched is the mind of a pilot.