TAM Aviation earns significant summary judgment win in Kentucky Bluegrass case.

TAM congratulates its Aviation group for their recent win on summary judgment on behalf of their client on the issue of punitive damages.

The case, In re Air Crash at Lexington, Kentucky, August 27, 2006, arising out of the crash of Comair Flight 5191 at Kentucky Bluegrass Airport, involved a claim by the multiple plaintiffs for punitive damages as a result of allegations concerning the pilots. The issue was previously subject to summary judgment pleadings and the Court, Hon. Karl S. Forester, presiding United States Senior Judge, ruled that Kentucky’s statute on punitive damages (which required threshold evidence) was inapplicable to the claims for wrongful death.

Subsequent to that order, several state court cases interpreted the applicability of that Kentucky statute to wrongful death claims. Using new state law as guidance, TAMB on behalf of its client, Comair, Inc., motioned for reconsideration of the prior summary judgment order and briefed the newer Kentucky cases. The Court granted the motion for reconsideration, and ruled as a matter of law that the Kentucky limits on punitive damages did apply to the In re Air Crash at Lexington, Kentucky, August 27, 2006 case.

The case is Civil Action (Master File) No. 5:06-CV-316-KSF, being heard in the United States District Court, Eastern District of Kentucky, Central Division at Lexington.