Only Survivor of Kentucky Crash Now Faces Wrongful Death Suit

James Polehinke, the Margate co-pilot who in August survived a Lexington, Ky., jet crash that killed everyone else on board, has hired an attorney who specializes in aviation accidents.

Polehinke, 44, is facing a wrongful death lawsuit filed last month in Broward Circuit Court and later moved to federal court, according to Broward court records. The family of Naples resident Charles Lykins, one of 49 people killed in the fiery Aug. 27 crash, filed the lawsuit, which seeks damages in excess of $75,000 and also names Delta Air Lines Inc. and Comair Inc., a Delta Connection carrier.

Bruce Brandon of Greensboro, N.C., confirmed he was Polehinke's lawyer but declined to answer any questions about the case, including his role.

As of last month, at least 16 other lawsuits were filed either against Delta Air Lines Inc., Comair Inc. or both companies in connection with the crash, most of them filed in Kentucky federal or state court, according to a federal document. It was unclear Saturday whether Polehinke was a defendant in any of those other cases.

Brandon urged people to respect Polehinke's privacy. The pilot returned Friday to South Florida after spending two months at Cardinal Hill Rehabilitation Hospital in Lexington.

"He's trying to get settled. What we're asking right now is some privacy and some time for him to adjust and go through his therapy," said Brandon, who focuses on aviation litigation among other specializations.

Polehinke was first treated at the University of Kentucky's Chandler Hospital, where his left leg was amputated, and he then moved to Cardinal Hill. Polehinke's mother, Honey Jackson, of Sunny Isles, on Saturday referred calls to Brandon.

The crash of Comair Flight 5191 occurred before dawn after the plane took off from Blue Grass Airport in Lexington, officials have said. The National Transportation Safety Board is investigating the accident.

Staff Researcher William Lucey contributed to this report.

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