BUFFALO, N.Y. (WIVB) - Clifford Law Offices, a nationally recognized aviation firm inChicago, along with the Buffalo law firm of Colucci & Gallaherwill file two lawsuits tomorrow (Tuesday, April 21, 2009), onbehalf of the family of Linda and Ron Davidson, a couple who wasreturning from celebrating their upcoming 40th wedding anniversarywhen they were killed in the crash of Continental Connection Flight3407 on Feb. 12.
The complaint, to be filed in federal court in the WesternDistrict of New York, alleges negligence on a number of counts onthe part of the airlines, the aircraft manufacturer and othercorporate entities. The complaint alleges a series of failures onthe part of the defendants including their failure to install a lowairspeed alerter which would have given the pilots earlier warningthat the aircraft was losing airspeed.
Clifford Law Offices has obtained summaries of correspondencebetween the National Transportation Safety Board (NTSB) and theFederal Aviation Administration (FAA) that clearly indicate thatthe FAA acknowledged years ago that the installation of lowairspeed alerters should be considered for commercial aircraftwhich would have included the type of aircraft involved in the Feb.12 crash, a Bombardier Dash 8-Q400.
The NTSB, in this correspondence and in its initialrecommendations, referred to 18 incidents stemming back to 1982where low airspeed alerter systems could have prevented accidents.Subsequent reminders of this problem were sent by the NTSB to theFAA in 2005, 2006 and 2007. The FAA assembled an internal team ofexperts to review this important safety issue, but no known actionhas taken place on this safety measure to date. Additionally, theairlines and aircraft manufacturers who are fully aware of thissignificant safety issue did not take the necessary measures tomake this safety feature available to the flight crew of Flight3407.
These public documents will be made available to the media at apress conference scheduled at 9:30 a.m. Tuesday, April 21, at theLaw Offices of Colucci & Gallaher, 2000 Liberty Building 424Main St., Buffalo, New York, Phone: 716-854-8671. Attorneys for thethree adult children of the Davidsons also will be available tospeak to the press.
Linda Davidson, 61, was a nurse at Westfield MemorialHospital. Her husband, Ronald, 66, worked for Aspire which is aservice provider for persons with cerebral palsy, traumatic braininjuries and other developmental disabilities. He served in theUnited States Navy, Second Marine Division, as a Hospital Corpsmanuntil he was honorably discharged. His son, Aaron, is now servingin Iraq.
They have two other adult children, Carrie, who the couple hadjust visited in Los Angeles to celebrate their wedding anniversary,and Andrew who lives in Westfield, New York. They also left sixgrandchildren.
These lawsuits mark the fifth and sixth cases filed on behalf offamily members who lost loved ones in the Feb. 12 crash. CliffordLaw Offices and Colucci & Gallaher also filed on March 31 alawsuit on behalf of the family of Jennifer Neill, a 32-year-oldresident of Buffalo, who was killed. She was pregnant with herfirst child.
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