Phone: (516) 487-8207
A District Judge has decided that New York law, which does not cap damages, will apply to a case involving the 2009 Continental Connection plane crash that killed 50 in Buffalo, NY.
The plane crashed into a house near Buffalo Niagara International Airport on February 12, 2009. It took off from Newark and killed all 49 individuals on board and a man in the house. The federal investigation blamed pilot error for the incident. Over 40 claims have been filed, with a dozen settled out of court. The remaining cases will be litigated in March next year.
This Monday, District Judge William Skretny decided to use the location of the crash to determine the cap on damages because New York has a "compelling interest in seeing its punitive damages law applied." He could have chosen Virginia, which is where flight operator Colgan Air is based, thereby incurring a $350,000 damage cap. Instead, he went with unlimited damages under New York statute. Judge Skretny also noted that Colgan Air maintains bases in New York and tested the pilot in question in New York.
On the other hand, the judge decided in favor of Colgan to use federal standards under the Federal Aviation Act of 1958 to adjudicate aircraft and aviation safety claims.
If you would like more information about how accident cases work in the state of New York, I encourage you to explore my educational website http://www.oginski-law.com. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.
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