Twenty 3407 families settle out of court

CLARENCE, N.Y. (WIVB) - They lost family members in the horrible crash of Continental Flight 3407. On Wednesday, News 4 learned that of the 50 families who lost loved ones in this crash, 20 of those families have now settled out of court, but some families will take it to trial.

Jennifer West said, "I couldn't be there on the plane for him when he crashed and this is all I can do for him."

West refuses to settle out of court, and Wednesday as lawyers came to federal court to prepare for a trial in March, Colgan Air asked for permission to dispose of the wreckage of Flight 3407 so the airline doesn't have to continue paying rent on a hangar for the pieces that have already been examined.

Marilyn Kausner said, "I just don't think it would be wise to destroy the wreckage until the cases are settled. It seems to be like if there's anything incriminating there they want to get rid of it."

In court, attorneys for the families also revealed that they have obtained documents that would hurt the airlines defense, but they haven't been allowed to air it in court yet. The airline's attorneys maintain that those documents should remain confidential because they're not relevant to any actual violation in airline standards.

Hugh Ross, an attorney for seven families, said, "It would be Colgan's position that we cannot introduce any evidence of fatigue or illness because there is no specific regulation. We obviously think that's wrong."

John Kausner said, "They deposed us for four days and they asked us everything from my health, my personal finance records and how to spell my cat's name, literally. They seem to be hiding something that apparently is important to the case and that's distressing."

That's why the parents of Elly Kausner also won't settle.

"I'll never get to walk Elly down the aisle, and I hope one day a dad does because we changed regulations in Washington to make sure there's qualified pilots in all the cockpits," said Kausner.

More the dozen attorneys from all sides in this civil case are due back in Buffalo Federal Court on December 19th for more pre-trial motions.