Comair sues FAA for crash
 

http://news.yahoo.com/s/ap/20070222/...kentucky_crash

Looks like Comair wants the FAA to bear the brunt of the blame.

True. I'm curious how this will play out though. With the proper spinsters Comair could make a BS enough case where someone might bite.

What I learned in aviation law class, is when people, someones going to get sued every which way.

I agree that the lawsuit might be somewhat absurd, however negligence usually is. Id like for once to see my government, and more importantly the FAA, stand up for their actions and accept some responsibility. Although the proximate cause of the accident may / or may not have been the cause of the controller's negligence, the FAA did not exercise a duty of care in its duties as they relate to ATC at the airport. The FAA's negligence in shorting ATC facilities controllers all around the country is negligent, and they must be held to the same standard they try to enforce on pilots. Sounds to me like there is plenty of blame to go around in this accident, and the FAA is not excused from this. They did in fact breach their duty of care, and by doing so became implicit in the accident.

I mean no accusation or disrespect to the crew. Having said that, did they take off, in the dark, on a runway with no lights? I've seen that one of them commented on the lack of lights, but was it dark or twilight?

If it was truly dark, it would seem difficult to blame anyone but the crew.

The FAA may have some responsibility. But by suing them it is just like suing the taxpayers. If they take a financial hit then they will just use it as an excuse to cut back and the same problems will get worse. There is really no advantage to suing the FAA because they cannot be harmed financially, they will always get government money. That money comes directly from the citizens.

But does this not then imply that the government should be immune from liability because they are funded through taxes?

The FAA charges fee's ect. They have income.

But where do those fees come from? Us. Regardless, The FAA has some responsibility in this case and should bare some of the burden. Its not right to lay the responsibility of this accident solely at the feet of Comair nor is it right that they should shoulder the entire financial cost of legal settlements from victims families. Just my .02.

PS
The government gets sued all the time, its nothing new or unusual.

It is basic Civil Procedure, Evidence and Trial Advocacy to sue as many parties/entities as possible. Arguing about whether that is right or wrong is like what Purple F/O said in Cargo - like winning the Special Olympics. Lawsuits will be filed for as long as the legal system is the way it is today. It may be difficult to believe, but our system, for the most part, works and works well.

The article noted that a first lawsuit, wherein Comair claimed the FAA failed in its duty to inspect and approve construction, was dismissed. The new suit is a breach of duty to control taxiing. It is curious that these two claims were not combined in the first place as judicial economy would indicate.