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Jan 13, 2009 7:05 am US/Central
Texas Women File First Suit In Denver Crash
DENVER (AP) ―
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As a Northwest Airlines jetliner lands on a nearby runway, the wreckage of a Continental Airlines jet sits in a ravine Dec. 22, 2008 in Denver.
David Zalubowski-Pool/Getty Images
Two passengers on the Continental Airlines jet that veered off a Denver runway last month have filed what appears to be the first lawsuit in the crash.
Melissa Craft and Emily Pellegrini, both of Texas, claim in their suit that the pilot "negligently aborted" the Dec. 20 flight shortly after takeoff.
The Houston-bound jet veered off the Denver International Airport runway and into a ravine, where it caught fire. The flight was carrying 110 passengers and five crew members; 37 people were injured.
Aviation safety experts have said strong crosswinds likely were a factor in the crash. The National Transportation Safety Board continues to investigate.
Craft, 25, was on her way home from a ski trip to Colorado and suffered a back injury and emotional trauma in the crash, according to the lawsuit filed in Harris County, Texas.
Pellegrini, 21, is a student at the University of Colorado and was returning home for the holidays. The suit alleges her seat belt wouldn't open and that she later slipped and fell on leaking jet fuel.
The complaint names Continental and two of its pilots. It doesn't specify how the aborted takeoff was negligent.
Continental spokeswoman Julie King called the allegations in the suit "premature."
"Continental is continuing to focus on providing assistance to the passengers and crew of Flight 1404," King said in statement.
"We are also continuing to participate in the NTSB investigation, and this process is likely to continue for months," she said. "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, an attorney for the two women, alleges airline officials have been trying to hint that wind shear might be responsible for the crash when pilot error was the more likely cause.
"Continental knows what happened. They have access to all the records. They have access to the pilots," Gibson said. "Continental's already putting a spin on things."
He also contends the airline is "putting passengers through hoops" as they seek 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.
(© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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