BUFFALO, N.Y. (WIVB) – A judge is expected to rule soon about whether the Wielinski family lawsuit against Continental Airlines should proceed.
When Flight 3407 crashed into the Wielinski home on February 12, 2009, Karen Wielinski and her daughter Jill managed to escape. Karen, in the back of the house, had a broken shoulder. Jill, in an upstairs front bedroom, had some abrasions from flying debris. Doug, who was in the middle of the house where the plane crashed, was not killed on impact, according to the family’s attorneys, who say he suffered greatly as his body was burning.
The family is suing Continental, Colgan, and Pinnacle airlines for what they say was Doug’s conscious pain and suffering as well as his fear of impending death. They are also asking for punitive damages and compensation for what Karen and and her two daughters have suffered.
The Wielinski family is the last of the families who lost loved ones to have their case considered for settlement. Their attorneys say the airlines are only offering half of what other families received.
Attorneys for Continental argue the airline should not be held responsible for the crash as they did not have control over the Colgan pilots. Attorneys for the Wielinski family dispute that.
The crash of Flight 3407 has been blamed on pilot error. Pilot Marvin Renslow and first officer Rebecca Shaw did not operate the plane correctly when faced with a midair stall, which caused the crash.