Go to the mobile version of this Web site.

Login | Contact Us | Site Map | Paid archives | Electronic edition | Subscription Questions | Extras

Home › News › Local News

Texas women are first to sue over Continental flight crash

Plaintiffs allege pilots 'negligently aborted' takeoff

By John C. Ensslin, Rocky Mountain News (Contact)

Published January 13, 2009 at 12:05 a.m.

Text size  
NTSB chief investigator Bill English stands by as the burned wreckage of Continental Flight 1404 is placed in an enclosed area of a Continental hangar in Commerce City on Jan. 5.

Photo by Linda McConnell / Special To The Rocky

NTSB chief investigator Bill English stands by as the burned wreckage of Continental Flight 1404 is placed in an enclosed area of a Continental hangar in Commerce City on Jan. 5.

Related Stories

More Local News

More stories »

Two Texas women filed what appears to be the first lawsuit in connection with the crash of a Continental Airlines jetliner at Denver International Airport.

Melissa Craft and Emily Pellegrini allege in their suit that the pilot "negligently aborted" the flight shortly after it took off on Dec. 20.

The plane veered off the runway and into a ravine, where it caught fire after fuel from a ruptured right wing tank leaked and ignited.

There were 110 passengers and a five-member crew on board Flight 1404 to Houston.

No one was killed, but 38 people were injured. The National Transportation Safety Board continues to investigate the accident.

Craft, 25, was on her way home with friends from her first-ever ski trip to Colorado. She suffered a back injury and emotional trauma in the crash, according to the lawsuit filed in Harris County, Texas.

Pellegrini, 21, was returning home for the holidays from Colorado, where she is a student at the University of Colorado at Colorado Springs. Pellegrini was stuck when she couldn't open her seatbelt as the plane caught fire, according to the lawsuit. Later, she slipped and fell on leaking jet fuel and oil that soaked her clothing, the lawsuit said.

The eight-page complaint names Continental and pilots David Butler and Chad Levang as co-defendants. The suit does not specify how the aborted takeoff was negligent.

A spokeswoman for Continental called the allegations in the lawsuit "premature."

"Continental is continuing to focus on providing assistance to the passengers and crew of Flight 1404," spokeswoman Julie King said in a written statement. "We are also continuing to participate in the NTSB investigation, and this process is likely to continue for months.

"Since the facts of the accident are still being investigated, the allegations are premature. We're prepared to defend the company's actions and those of our crew."

Jason A. Gibson, lawyer for the women, alleges that airline officials have been trying to hint that wind shear might be responsible for the crash when pilot error was more likely the cause.

"Continental knows what happened," Gibson said. "They have access to all the records. They have access to the pilots.

"Continental's already putting a spin on things. . . . I want to protect (my clients') rights now."

NTSB officials could not be reached for comment on the lawsuit.

In a preliminary report, investigators have said the flight crew's first sign of trouble was when the plane veered to the left of the runway.

Witnesses have reported that "bumping and rattling sounds" might have preceded that.

But investigators have matched noises on the cockpit voice recorder with the information on the flight data recorder to determine that the noises came after the plane went off the runway. The NTSB also found that the flight crew called for the aborted takeoff seven seconds after the plane had begun to slide across snow.

In addition to the negligence claim, Gibson contends the airline is "putting passengers through hoops," as they try to get reimbursement for personal property destroyed in the crash.

For example, he said the airline required that a "personal shopper" accompany the women as they try to buy replacement items.

He also said the airline has set a $3,000 limit on reimbursement and has required receipts.

King declined to comment on those allegations.

Comments

  • January 13, 2009

    8:34 a.m.

    Suggest removal

    datbinnurick writes:

    but of course...it was only a matter of time till someone smelled money!!!

  • January 13, 2009

    9:42 a.m.

    Suggest removal

    CSU5280 writes:

    ridiculous...lawyers and greedy people ruin everything...there is a know risk when flying and you better be aware of it...and I don't blame the airline for having a personal shopper accompany the two ladies, nor do I blame them for requiring receipts...they need to track the costs they are paying out...

  • January 13, 2009

    10:02 a.m.

    Suggest removal

    blahblahblog writes:

    It's not lawyers' fault that greedy Americans are over-litigious, any more than it's doctors' fault that gluttonous Americans are overweight.
    And who better to comment on the aptitude of Continental pilots than two twenty-something female Texan tourists who have no flight experience, one of whom has no college degree, and one of whom has just recently tried skiing on our slopes with at least as much negligence as she now accuses Continental of having?

  • January 13, 2009

    10:04 a.m.

    Suggest removal

    Macita183 writes:

    These women should be grateful to be alive! Things could have been much worse if the plane did get airbourne and then had problems. It's very sad that we are such a "sue-happy" society.

  • January 13, 2009

    10:13 a.m.

    Suggest removal

    Fancy_chance writes:

    What a load of doo-doo. Instead of being happy and noting how the pilots actions probably saved their lives they now want to sue. I wonder which low-life ambulance chasing attorney talked these women into a law suit. The only people that come out ahead in these cases are usually the lawyers. Oh well as a native born Coloradan I've never cared much for Texans anyway they ruined Colorado more than any illegals. I remember being a kid and seeing cars with Texas plates on them just throwing garbage out of their cars on our roads. So I figure that these two Texas tourists just don't know any better.

  • January 13, 2009

    12:48 p.m.

    Suggest removal

    olderandkindofwiser writes:

    Hey greedy creeps, the pilot and some crew were injured too. And they got you all out in 90 seconds. So they were negligent? Stuff happens, deal. Everything uncomfortable that happens to you in life isn't somebody's elses fault!

  • January 13, 2009

    1:03 p.m.

    Suggest removal

    crypto writes:

    To just test the other side: crashing on takeoff is not normal, and some people were injured. Mistakes were made that caused the crash. The injured are due compensation for their losses. No?

  • January 13, 2009

    2:21 p.m.

    Suggest removal

    teezer writes:

    OMG!!! youre alive! now STFU and go on with life, Im sure your hospital stay was paid for, greedy people and greedy lawyers is what its all about these days, if they can get a few bucks and not have to work all the better so it seems....

  • January 13, 2009

    2:31 p.m.

    Suggest removal

    jamesdenver writes:

    Those interested may want to know what type of lawyer is representing them, and his so called expertise on wind shear:

    Lawyer Jason Gibson is also an expert on cases of falling merchandise, dietary supplements, rare coins, and radon gas emitted by granite countertops. So why not wind shear to the roster of expertise?

    Read on...

    http://www.futuregringo.com/index.php...

  • January 13, 2009

    5:17 p.m.

    Suggest removal

    squeakywheel writes:

    Soon airlines will require all passengers to sign waivers stating that the airline is not responsibile for accidents.

    Hypothetical: What if it turned out that the pilots were drunk? It has happened far too often lately? In that case, shouldn't all the passengers be duly compensated?

    That said, I agree with the airline on one point: it's too early. That indicates that these spoiled little brats need a good spanking.

  • January 14, 2009

    5:59 p.m.

    Suggest removal

    2ndamendmentrights writes:

    these girls think that they could get millions and never have to work again. not so my friends! Lawyer costs will cut into it, taxes, fees. They will spend more on this so called "lawyer" than they will walk away with. Damn kids want the easy way out. If the plane is on fire and the gas tanks split open, of course the gas is going to be leaking over everything. The second girl who is suing for ruined clothes has a weak case. The first one is suing for emotional distress, basically she is saying that she has no case and she knows it, but wants a try at it anyway.

  • February 17, 2009

    9:13 a.m.

    Suggest removal

    Kiki writes:

    To Crypto's comments....yes, they are due REASONABLE compensation. But nothing more. As Teezer says OMG, they're alive! Greed will be the end of this country. It has to stop.