View source for Comair Flight 5191

{{short description|2006 passenger plane crash in Lexington, Kentucky, United States}}
{{Use mdy dates|date=June 2016}}
{{Infobox aircraft occurrence
| image           = Comair Flight 5191（N431CA） wreckage.jpg
| caption         = Wreckage of the forward section of N431CA
| occurrence_type = Accident
| date            = {{start date|2006|08|27}}
| summary         = Takeoff from wrong runway due to [[pilot error]]
| site            = [[Blue Grass Airport]], [[Lexington, Kentucky]]
| coordinates     = {{Coord|38.0379|N|84.6154|W|type:event_region:US-KY|display=inline,title}}
| plane1_image    = Comair N779CA.JPG
| plane1_caption  = A CRJ100ER in Comair livery similar to the aircraft involved
| aircraft_type   = [[Bombardier CRJ100]]
| aircraft_name   = 
| operator        = [[Comair (USA)|Comair]] dba [[Delta Connection]]
| tail_number     = {{airreg|N|431CA}}
| IATA            = OH5191
| ICAO            = COM5191
| callsign        = COMAIR 191
| origin          = Blue Grass Airport, Lexington, Kentucky
| destination     = [[Hartsfield–Jackson Atlanta International Airport]], [[Atlanta]]
| occupants       = 50
| passengers      = 47
| crew            = 3
| fatalities      = 49
| injuries        = 1
| survivors       = 1
}}
'''Comair Flight 5191''' was a scheduled United States domestic passenger flight from [[Lexington, Kentucky]], to [[Atlanta]], Georgia. On the morning of August 27, 2006, at around 06:07 [[Eastern Time Zone|EDT]] (10:07 [[UTC]]),<ref name="ntsb_accrep" />{{Reference page|page=1}} the [[Bombardier CRJ100/200|Bombardier CRJ100ER]] crashed while attempting to take off from [[Blue Grass Airport]] in [[Fayette County, Kentucky]], {{convert|4|mi|km nmi}} west of the central business district of the city of [[Lexington, Kentucky|Lexington]].

The aircraft was assigned the airport's Runway 22 for the takeoff but used Runway 26 instead. Runway 26 was too short for a safe takeoff, causing the aircraft to overrun the end of the runway before it could become airborne. It crashed just past the end of the runway, killing all 47 passengers and two of the three crew. It was the second-deadliest accident involving the CRJ100/200 after [[China Eastern Airlines Flight 5210]], which had crashed two years earlier and claimed 55 lives.<ref name="ASN">{{Cite web |last=Ranter |first=Harro |title=ASN Aircraft accident Canadair CL-600-2B19 Regional Jet CRJ-100ER N431CA Lexington-Blue Grass Airport, KY (LEX) |url=https://aviation-safety.net/database/record.php?id=20060827-0 |access-date=2020-10-13 |website=Aviation Safety Network |publisher=[[Flight Safety Foundation]]}}</ref>

The flight's [[First officer (aviation)|first officer]], James Polehinke, was the pilot flying at the time of the accident and was the [[List of sole survivors of airline accidents or incidents|sole survivor]];<ref name="ibs">{{cite news |date=August 27, 2006 |title=NTSB: Crashed Jet On Wrong Runway |work=WSB-TV |publisher=[[Nexstar Media Group|IBS]] |agency=Associated Press |url=http://www.wsbtv.com/news/9743984/detail.html |url-status=dead |access-date=August 29, 2006 |archive-url=https://web.archive.org/web/20070927222554/http://www.wsbtv.com/news/9743984/detail.html |archive-date=September 27, 2007}}</ref><ref>{{cite news|url=https://news.yahoo.com/s/ap/20060827/ap_on_re_us/kentucky_crash|title=Comair plane took off from wrong runway|author=McMurray|first=Jeffrey|date=August 27, 2006|archive-url=https://web.archive.org/web/20060907044841/http://news.yahoo.com/s/ap/20060827/ap_on_re_us/kentucky_crash|archive-date=September 7, 2006|agency=Associated Press}}</ref><ref name="cvr">{{cite web|date=November 17, 2006|title=CVR transcript|publisher=National Transportation Safety Board|url=https://data.ntsb.gov/Docket?ProjectID=64393|access-date=August 9, 2021|id=DCA06MA064}}</ref> however, Captain Jeffrey Clay was responsible for taxiing to the wrong runway.<ref name="ntsb_accrep" /> In the [[National Transportation Safety Board]]'s report on the crash, investigators concluded that the likely cause of the crash was [[pilot error]].<ref name="LHJ 2008">{{cite news|url=http://theairlinewebsite.com/topic/385030-lawyer-claimed-crash-victims-shared-blame/|title=Lawyer claimed 5191 victims shared blame Defense by Co-Pilot to Be Withdrawn|author=Ortiz|first=Brandon|date=January 25, 2008|access-date=July 7, 2013|newspaper=Lexington Herald-Leader}}</ref>

==Flight details==
The flight was marketed under the [[Delta Air Lines]] brand as [[Delta Connection]] Flight 5191 (DL5191) and was operated by [[Comair (USA)|Comair]] as Flight 5191. It was identified for air-traffic control and flight-tracking purposes as Comair 191 (OH5191/COM5191).

The flight had been scheduled to land at [[Hartsfield–Jackson Atlanta International Airport]] at 7:18&nbsp;a.m.

The aircraft involved was a 50-seat Bombardier Canadair Regional Jet CRJ100ER, serial number 7472.<ref name="ComairPR">N431CA FAA registration certificate. Retrieved June 19, 2008. (Note: CL600-2B19 is the official designation of the [[Bombardier CRJ440|CRJ100]]).</ref> It was manufactured in January 2001 and was delivered new to the airline.<ref name="ntsb_accrep" />{{rp|14}}

The captain was 35-year old Jeffrey Clay. He had 4,710 flight hours, including 3,082 hours on the CRJ100.<ref name="ntsb_accrep" />{{Reference page|page=8}}{{failed verification | date = March 2025 | reason = The NTSB report does not name the captain}}

The first officer was 44-year-old James Polehinke. Prior to his employment by Comair, Polehinke worked for [[Gulfstream International Airlines]] as a captain on the [[Beechcraft 1900]]. He had 6,564 flight hours, including 940 hours as a pilot in command and 3,564 hours on the CRJ100.<ref name="ntsb_accrep" />{{Reference page|page=11}}{{failed verification | date = March 2025 | reason = The NTSB report does not name the first officer}}

==Accident==
[[File:KLEX USGS Comair Paths.jpg|thumb|right|Approximate paths at Blue Grass Airport (pictured before airport construction had completed weeks before the crash)<br />{{legend|#0000FF|Desired path via Runway 22}}{{legend|#FF0000|Actual path via Runway 26, ending at approximate crash site.}} '''X''' marks the closed taxiway]]
[[File:Comair_5191_crash_site_2.jpg|thumb|right|Wreckage of the cockpit]]

Analysis of the [[cockpit voice recorder]] (CVR) indicated that the aircraft was cleared for takeoff from Runway 22, a {{convert|7003|ft|adj=on}} runway used by most airline traffic at Lexington.<ref name="NTSB-prelim">{{cite web|title=NTSB Preliminary Report DCA06MA064|url=https://www.ntsb.gov/ntsb/brief.asp?ev_id=20060828X01244|url-status=dead|archive-url=https://web.archive.org/web/20070929131211/https://www.ntsb.gov/ntsb/brief.asp?ev_id=20060828X01244|archive-date=September 29, 2007|access-date=August 27, 2006|publisher=[[National Transportation Safety Board]]|id=DCA06MA064}}</ref>{{failed verification | date = March 2025 | reason = NTSB Report does not assert that any of the runways were used by most airline traffic at the airport, nor does it mention the dimensions of any of the runways}} However, after confirming the takeoff clearance for Runway 22, Clay taxied onto Runway 26, which was only 3,501 feet (1,067 m) long, unlit and unauthorized for commercial use.<ref>{{cite web |url=http://www.airnav.com/airport/KLEX#rwys | title=AirNav runway information for KLEX | publisher=AirNav | access-date=August 28, 2006}}</ref>{{failed verification | date = March 2025 | reason = Citation is to a description of the runways at the airport and does not contain a narrative of the accident flight}} Clay then relinquished flight control to Polehinke for takeoff.<ref name=ntsb_accrep />{{Reference page|page=4}}

Based upon an estimated takeoff weight of {{convert|49087|lb|||}},<ref name="AJC">{{cite news |author=Hirschman |first=Dave |date=August 29, 2006 |title=Comair flight almost made it |newspaper=[[Atlanta Journal-Constitution]] |url=http://www.airportbusiness.com/web/online/Top-News-Headlines/Comair-Flight-Almost-Made-It-Mystery-Deepens/1$7824 |url-status=dead |access-date=August 31, 2006 |archive-url=https://web.archive.org/web/20090219011713/http://www.airportbusiness.com/web/online/Top-News-Headlines/Comair-Flight-Almost-Made-It-Mystery-Deepens/1$7824 |archive-date=February 19, 2009}}</ref> the aircraft's manufacturer calculated that a speed of {{convert|138|kn|mph km/h||}} and a distance of {{convert|3744|ft|m}} would have been needed for [[Takeoff#Power settings|rotation]] (increasing nose-up [[Flight dynamics|pitch]]), with more runway needed to achieve liftoff.<ref name="Aero-NewsNTSB">{{cite web |date=August 31, 2006 |title=NTSB: LEX Controller Had Two Hours Of Sleep Prior To Accident Shift |url=http://www.aero-news.net/index.cfm?ContentBlockID=e6b42893-a854-45eb-be87-f7fd6731a813 |access-date=September 1, 2006 |publisher=Aero-News Network}}</ref> At about an hour before daybreak and at a speed approaching {{convert|100|kn|mph km/h}}, Polehinke remarked, "That is weird with no lights," referring to the lack of lighting on Runway 26.<ref name="NYT-2007">{{cite news|author=Wald|first=Matthew L.|date=January 18, 2007|title=Crew Sensed Trouble Seconds Before Crash|work=The New York Times|url=https://www.nytimes.com/2007/01/18/us/18crash.html|access-date=January 17, 2007|issn=0362-4331}}</ref> Clay replied in agreement, but the [[flight data recorder]] offered no indication that either pilot had tried to abort the takeoff as the aircraft accelerated to {{convert|137|kn|mph km/h}}.<ref name="NYT-2007"/><ref name="fdr">{{Cite web|date=October 4, 2006|title=FDR readout|url=https://data.ntsb.gov/Docket/Document/docBLOB?ID=40267362&FileExtension=.PDF&FileName=Flight%20Data%20Recorder%2010%20-%20Factual%20Report%20of%20Group%20Chairman-Master.PDF|url-status=live|access-date=October 13, 2020|publisher=National Transportation Safety Board|id=DCA06MA064|archive-url=https://web.archive.org/web/20210809230619/https://data.ntsb.gov/Docket/Document/docBLOB?ID=40267362&FileExtension=.PDF&FileName=Flight%20Data%20Recorder%2010%20-%20Factual%20Report%20of%20Group%20Chairman-Master.PDF |archive-date=August 9, 2021 }}</ref>

Clay called for rotation, but the aircraft reached the end of the runway before it could become airborne. It then struck a low earthen wall adjacent to a ditch, briefly leaving the ground,<ref name="NYT-2007" /> clipped the airport perimeter fence with its landing gear and smashed into trees,<ref name="ntsb_accrep" />{{Reference page|page=31}} separating the [[fuselage]] and [[cockpit|flight deck]] from the tail.{{clarify| date= March 2025}} The aircraft struck the ground about {{convert|1000|ft|m}} from the end of the runway.<ref name="AJC" />{{failed verification | date = March 2025 | reason = Website incompletely archived, NTSB report p.31 states tire and gear door marks on the ground about 585 and 620 feet from the end of the runway and that a tree was struck 900 feet beyond the runway}} The resulting fire destroyed the aircraft.<ref name="ntsb_accrep" />{{Reference page|page=7}}
{{clear left}}

==Passengers==
{|class="wikitable" style="float:right; font-size:85%;"
|- style="background:#ccf;"
!rowspan=2|Nationality||colspan=2|Passengers||colspan=2|Crew||colspan=2|Total
|- style="background:#ccf;"
!Total||Died||Total||Died||Total||Died
|- valign=top
|United States||style="text-align:center;" |42||style="text-align:center;" |42||style="text-align:center;" |3||style="text-align:center;" |2||style="text-align:center;" |45||style="text-align:center;" |44
|- valign=top
|Canada||style="text-align:center;" |3||style="text-align:center;" |3||{{n/a|-}}||{{n/a|-}}||style="text-align:center;" |3||style="text-align:center;" |3
|- valign=top
|Japan{{efn|Both Japanese passengers resided in Lexington.<ref>{{Cite news |date=January 25, 2007 |title=Updated list of Flight 5191 victims |work=The Courier Journal |url=http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20070125/NEWS0104/101250060/0/NEWS01 |url-status=dead |access-date= |archive-url=https://webcitation.org/6XyPUhcOK?url=http://www.courier-journal.com/apps/pbcs.dll/article?AID%3D/20070125/NEWS0104/101250060/0/NEWS01 |archive-date=April 22, 2015}}</ref>}}|| style="text-align:center;" |2||style="text-align:center;" |2||{{n/a|-}}||{{n/a|-}}||style="text-align:center;" |2||style="text-align:center;" |2
|- valign=top
|'''Total'''||style="text-align:center;" |'''47'''||style="text-align:center;" |'''47'''||style="text-align:center;" |'''3'''||style="text-align:center;" |'''2'''||style="text-align:center;" |'''50'''||style="text-align:center;" |'''49'''
|-
|}
Forty-nine of the 50 people on board were killed (all 47 passengers and two of the three crew members). Most of the victims died instantly from the initial crash impact.<ref>{{cite news |title=Coroner: Most Victims Died on Impact |work=WAVE |agency=Associated Press |url=http://www.wave3.com/Global/story.asp?S=5341096 |url-status=dead |access-date=August 29, 2006 |archive-url=https://web.archive.org/web/20070927204832/http://www.wave3.com/Global/story.asp?S=5341096 |archive-date=September 27, 2007}}</ref>{{better source needed | date = March 2025 | reason = Coroner "thinks" most passengers died on impact in the article, a few days after the accident.  NTSB report has detailed pathological results, pp. 32-33, showing fatal thermal injuries, fatal smoke inhalation, and fatal traumatic injuries occurred to passengers}} Comair released the passenger manifest on August 29, 2006.<ref>{{cite web | url = https://www.globenewswire.com/news-release/2006/08/29/347661/6891/en/Comair-Releases-Passenger-Manifest-for-Flight-5191.html | title = Comair Releases Passenger Manifest for Flight 5191 | date = 29 August 2006 | website = GlobalNewsWire}}</ref>

Most of the passengers were American citizens from the Lexington area, ranging in age from 16 to 72.{{citation needed | date = March 2025}} They included a young couple who had been married the previous day and were traveling to California on their honeymoon.<ref>{{cite news |date=August 24, 2007 |title=Opportunities 'stripped away' |work=Lexington Courier-Journal |url=http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20070826/NEWS01/70824074 |archive-url=https://archive.today/20150118193953/http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20070826/NEWS01/70824074 |archive-date=2015-01-18}}</ref>

===Sole survivor===
James Polehinke, the first officer, suffered serious injuries, including multiple [[bone fracture|broken bone]]s, a [[pneumothorax|collapsed lung]] and severe [[bleeding]]. Lexington-Fayette and airport police officers extracted him from the wreckage. He underwent surgery for his injuries, including an [[amputation]] of his left leg. Doctors later determined that Polehinke had suffered [[brain damage]] and had no memory of the crash or of the events preceding it.<ref name="telluridenews">{{cite web | url = https://www.telluridenews.com/the_watch/news/article_5f9b6455-68b9-5423-ae5d-696ec0fb2f54.html | accessdate = 25 March 2025 | title = Out of Disaster, a Passion for Skiing Takes Flower | website = The Watch | date = 9 January 2014 }}</ref><ref>{{cite news |title=A horrendous, horrendous tragedy all around |url=http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20070826/NEWS01/70824042 |access-date=March 5, 2008 |work=The Courier Journal}} {{dead link | date = March 2025}}</ref>

{{clear}}

==Investigation==
[[File:Comair 5191 crash site 3.jpg|thumb|The aft section of the fuselage of N431CA]]
During the investigation, the [[Federal Aviation Administration]] (FAA) discovered that tower-staffing levels at [[Blue Grass Airport]] violated an internal policy as reflected in August 2005 verbal guidance that requiring two controllers on duty in facilities that have combined radar approach control and tower with radar functions, with one controller monitoring air traffic on radar, and the other performing other tower functions including communications with taxiing aircraft.<ref>{{cite web|url=https://lessonslearned.faa.gov/Comair5191/towerstaffing.pdf |title=FAA memorandum concerning staffing levels | archive-url = https://web.archive.org/web/20151209093212/https://lessonslearned.faa.gov/Comair5191/towerstaffing.pdf | url-status = dead | archive-date = 9 December 2015}}</ref><ref name="CNN-8-29"/>  At the time of the accident, the single controller in the tower was performing both tower and radar duties.<ref name="CNN-8-29"/>  On August 30, 2006, the FAA announced that Blue Grass Airport, as well as additional airports that were understaffing their overnight shifts, would utilize two controllers on duty, or shift radar responsibilities to [[Indianapolis Air Route Traffic Control Center|Indianapolis Center]] when only one was available.<ref name="CNN-8-29">{{cite news |last=Ahlers |first=Mike M. |date=August 30, 2006 |title=FAA: Tower staffing during plane crash violated rules |work=CNN |url=http://www.cnn.com/2006/US/08/29/plane.crash/ |access-date=September 6, 2006}}</ref>  The FAA stated that a second controller would not have prevented the accident.<ref name="CNN-8-29"/>

[[File:Comair 5191 crash site 1.jpg | thumb|The engine and debris of N431CA]]

Comair discovered after the accident that all of its pilots had been using an airport map that did not accurately reflect changes made to the airport layout during ongoing construction work. The [[National Transportation Safety Board]] (NTSB) later determined that this did not contribute to the accident.<ref name=ntsb_accrep />{{rp|99–100}} Construction work was halted after the accident to preserve evidence needed for the investigation.<ref>{{cite news |title=Judge orders halt to airport construction |newspaper=Lexington Herald-Leader |url=http://www.kentucky.com/425/story/10770.html |url-status=dead |access-date=September 15, 2006 |archive-url=https://web.archive.org/web/20090219054631/http://www.kentucky.com/425/story/10770.html |archive-date=February 19, 2009}}</ref>

The NTSB released several reports on January 17, 2007, including transcripts of the CVR and an engineering report.<ref>{{cite web |date=January 12, 2007 |title=NTSB TO OPEN PUBLIC DOCKET ON COMAIR FLIGHT 5191 ACCIDENT IN LEXINGTON, KENTUCKY |url=https://www.ntsb.gov/Pressrel/2007/070112.htm |url-status=dead |archive-url=https://web.archive.org/web/20070120070524/https://www.ntsb.gov/pressrel/2007/070112.htm |archive-date=January 20, 2007 |access-date=January 17, 2007 |publisher=National Transportation Safety Board}}</ref>

In April 2007, acting on a recommendation issued by the NTSB during its investigation of the Comair 5191 accident, the FAA issued a safety notice that reiterated advice to pilots to positively confirm their position before crossing the hold-short line onto the takeoff runway,{{efn|The ''hold-short line'' is the demarcation between the runway and taxiway.}} and again when initiating takeoff.<ref name="ntsb_accrep" />{{rp|91}} The NTSB offered four further recommendations, three measures to avoid fatigue affecting the performance of air traffic controllers<ref name="A-07-30">{{cite web |date=April 10, 2007 |title=NTSB safety recommendations A-07-30/31/32 |url=https://www.ntsb.gov/safety/safety-recs/recletters/A07_30_32.pdf |url-status=dead |archive-url=https://web.archive.org/web/20080910073733/https://www.ntsb.gov/recs/letters/2007/A07_30_32.pdf |archive-date=September 10, 2008 |access-date=June 26, 2008 |publisher=National Transportation Safety Board}}</ref> and one to prevent controllers from carrying out nonessential administrative tasks while aircraft are taxiing under their control.<ref name="A-07-34">{{cite web |date=April 10, 2007 |title=NTSB safety recommendation A-07-34 |url=https://www.ntsb.gov/safety/safety-recs/recletters/A07_34.pdf |url-status=dead |archive-url=https://web.archive.org/web/20080910073723/https://www.ntsb.gov/recs/letters/2007/A07_34.pdf |archive-date=September 10, 2008 |access-date=June 26, 2008 |publisher=National Transportation Safety Board}}</ref> The recommendations were partly prompted by four earlier accidents, and the board was unable to determine whether fatigue contributed to the Comair accident. In May, acting on another NTSB recommendation, the FAA advised that pilot training should include specific guidance on runway-lighting requirements for takeoff at night.<ref name="ntsb_accrep" />{{Reference page|page=92}}<ref name="A-06-83">{{cite web |date=December 12, 2006 |title=NTSB safety recommendations A-06-83/84 |url=https://www.ntsb.gov/safety/safety-recs/recletters/A06_83_84.pdf |url-status=dead |archive-url=https://web.archive.org/web/20080910073630/https://www.ntsb.gov/recs/letters/2006/a06_83_84.pdf |archive-date=September 10, 2008 |access-date=June 25, 2008 |publisher=National Transportation Safety Board}}</ref>

In July 2007, a Comair flying instructor testified that he would have failed both pilots for violating [[Sterile flight deck rule|sterile flight deck]] rules.<ref>{{Cite news |date=July 19, 2007 |title=Instructors Testify Flight 5191 Crew Erred Before Crash |work=WKYT |agency=Associated Press |url=http://www.wkyt.com/home/headlines/8593542.html |url-status=dead |access-date=April 12, 2011 |archive-url=https://web.archive.org/web/20120310103700/http://www.wkyt.com/home/headlines/8593542.html |archive-date=March 10, 2012}}</ref> Later that month, the NTSB released its final report, citing the pilots' "non-pertinent conversation" as a contributing factor in the accident.<ref name="ntsb_accrep" />{{Reference page|page=65}}

===Probable cause===
During a public meeting on July 26, 2007, the NTSB announced the probable cause of the accident:

<blockquote>
The National Transportation Safety Board determines that the probable cause of this accident was the flight crew members' failure to use available cues and aids to identify the airplane's location on the airport surface during taxi and their failure to cross-check and verify that the airplane was on the correct runway before takeoff. Contributing to the accident were the flight crew's nonpertinent conversations during taxi, which resulted in a loss of positional awareness and the Federal Aviation Administration's failure to require that all runway crossings be authorized only by specific air traffic control clearances.<ref name="ntsb_accrep">{{cite web |date=July 26, 2007 |title=Attempted Takeoff From Wrong Runway, Comair Flight 5191, Bombardier CL-600-2B19, N431CA, Lexington, Kentucky, August 27, 2006 |url=https://www.ntsb.gov/investigations/AccidentReports/Reports/AAR0705.pdf |access-date=July 26, 2007 |publisher=National Transportation Safety Board |id=NTSB/AAR-07/05}}</ref><ref name="ntsb070726">{{cite press release |date=July 7, 2007 |title=NTSB DETERMINES COMAIR 5191 FLIGHT CREW FAILED TO USE AVAILABLE CUES TO DETERMINE LOCATION DURING TAKEOFF |url=https://www.ntsb.gov/Pressrel/2007/070726.htm |url-status=dead |archive-url=https://web.archive.org/web/20071019111310/http://ntsb.gov/Pressrel/2007/070726.htm |archive-date=October 19, 2007 |access-date=July 26, 2007 |publisher=National Transportation Safety Board}}</ref>
</blockquote>
NTSB investigators concluded that the likely cause was that Clay and Polehinke ignored clues that indicated that they were on the wrong runway, failed to confirm their position on the runway and engaged in too much conversation not pertinent to the flight in violation of sterile flight deck rules.<ref name="LHJ 2008" />

Clay's widow strongly opposes the NTSB's assessment blaming the pilots, stating that other factors contributed, "including an understaffed control tower and an inaccurate runway map."<ref name="dispute">{{cite news|url=https://www.usatoday.com/travel/flights/2007-08-18-comair_N.htm|url-status=dead|archive-url=https://web.archive.org/web/20121026114255/http://usatoday30.usatoday.com/travel/flights/2007-08-18-comair_N.htm|archive-date=October 26, 2012|title=Comair pilot's widow: His death's a blessing|author=Halladay|first=Jessie|date=August 18, 2007|work=USA Today|access-date=March 22, 2010}}</ref>

== Aftermath ==
[[File:Flight 5191 Memorial.jpg|thumb|Memorial at University of Kentucky Arboretum]]
A memorial service for the victims was held on August 31, 2006, at the [[Lexington Opera House]].<ref>{{cite news|author=Pitsch|first=Mark|date=August 31, 2006|title=Several hundred attend memorial service at Lexington Opera House|work=[[The Courier-Journal]]|location=Louisville|url=http://www.courier-journal.com/apps/pbcs.dll/article?AID=2007101240073|archive-url=https://archive.today/20120722181207/http://www.courier-journal.com/apps/pbcs.dll/article?AID=2007101240073|url-status=dead|archive-date=July 22, 2012}}</ref> A second public memorial service was held on September 10, 2006, at [[Rupp Arena]] in Lexington.{{Citation needed|date=February 2010}} The ''[[Lexington Herald-Leader]]'' published a list of the victims with short biographies.<ref>{{Cite web |last1=Blackford |first1=Linda |last2=Wilson |first2=Amy |date=September 3, 2006 |title=The Tragedy of Flight 5191 |url=http://www.realcities.com/mld/kentucky/news/special_packages/crash/ |archive-url=https://web.archive.org/web/20071114164211/http://www.realcities.com/mld/kentucky/news/special_packages/crash/ |archive-date=November 14, 2007 |access-date=2023-09-22 |website=Lexington Herald-Leader}}</ref>

The Flight 5191 Memorial Commission was established shortly after the crash to create an appropriate memorial for the victims, first responders and community. The commission selected the [[University of Kentucky Arboretum]] as its memorial site.<ref>{{cite news|date=April 28, 2011|title=Flight 5191 memorial to be dedicated on fifth anniversary of crash|newspaper=Lexington Herald-Leader|url=http://www.kentucky.com/2011/04/28/1723258/flight-5191-memorial-to-be-dedicated.html|access-date=January 25, 2012}}</ref><ref>{{cite news|author=Ward|first=Karla|date=August 2, 2011|title=Flight 5191 sculpture unveiling scheduled for Aug. 27|newspaper=Lexington Herald-Leader|url=http://www.kentucky.com/2011/08/01/1831820/flight-5191-sculpture-unveiling.html|archive-url=https://web.archive.org/web/20160812081035/http://www.kentucky.com/news/local/article44118696.html|archive-date=August 12, 2016|url-status=dead|access-date=January 25, 2012}}</ref><ref>{{cite news|author=Blackford|first=Linda B.|date=August 27, 2011|title=400 family and friends of Flight 5191 victims to attend memorial unveiling|newspaper=Lexington Herald-Leader|url=http://www.kentucky.com/2011/08/25/1856232/400-family-and-friends-of-flight.html|access-date=January 25, 2012}}</ref>

The Flight 5191 Memorial, created by [[Douwe Blumberg]], consists of a sculpture of 49 stainless-steel birds in flight over a base of black granite.<ref>{{cite web|title=Rose Garden|url=https://arboretum.ca.uky.edu/gardens/rose|access-date=2020-10-18|website=University of Kentucky}}</ref>

In July 2008, U.S. district judge [[Karl Forester]] ruled that Delta Air Lines could not be held liable for the crash, because although Comair is a wholly owned subsidiary of Delta, Comair maintains its own management and policies and employs its own pilots.<ref>{{cite web|title=Transportation Update July 2008|url=http://business.cch.com/updates/transportation/july2008.htm|access-date=July 9, 2010|publisher=Business.cch.com}}</ref> In December 2009, Forester granted a passenger family's motion for "partial summary judgment" determining, as a matter of law, that Comair's flight crew was negligent, and that this negligence was a substantial factor causing the crash of Flight 5191.<ref name="r1">[http://dockets.justia.com/docket/court-kyedce/case_no-5:2006cv00316/case_id-50943/ IN RE: Air Crash at Lexington, Kentucky, August 27, 2006]. justia.com</ref>

Runway 8/26 at Blue Grass Airport was closed in March 2009, and the new {{convert|4000|foot}} Runway 9/27 opened on August 4, 2010. The new runway has been built on a separate location not connected to Runway 22 and has completely enveloped the site of the crash.<ref>{{Cite news |last=Hewlett |first=Jennifer |date=August 26, 2011 |title=Blue Grass Airport has undergone many changes since crash of Flight 5191 |work=Lexington Herald-Leader |url=https://www.kentucky.com/news/local/crime/article44122647.html |url-status=live |archive-url=https://web.archive.org/web/20160625164626/http://www.kentucky.com/news/local/crime/article44122647.html |archive-date=June 25, 2016}}</ref>

=== Lawsuits ===
Families of 45 of the 47 passengers sued Comair for negligence; families of the other two victims settled with the airline before filing litigation. Three sample cases were to be heard on August 4, 2008, but the trial was indefinitely postponed after Comair reached a settlement with the majority of the families. Comair sued the airport authority over its runway signs and markings as well as the FAA, which had only one air traffic controller on duty, contrary to a memo that it had previously issued requiring two workers on overnight shifts.<ref name="AP sovereign">{{cite news|author=McMurray|first=Jeffrey|date=August 2, 2007|title=Judge-Comair can't sue airport for crash|newspaper=[[USA Today]]|url=http://usatoday30.usatoday.com/news/topstories/2007-08-02-4015861630_x.htm|access-date=July 7, 2013}}</ref> The case against the airport authority was dismissed on [[Sovereign immunity in the United States|sovereign immunity]] grounds, and this ruling was upheld by the [[Kentucky Supreme Court]] on October 1, 2009.<ref>[http://opinions.kycourts.net/sc/2007-SC-000602-TG.pdf ON APPEAL FROM FAYETTE CIRCUIT COURT V. HONORABLE JAMES D. ISHMAEL, JR., JUDGE] {{webarchive|url=https://web.archive.org/web/20110723173955/http://opinions.kycourts.net/sc/2007-SC-000602-TG.pdf|date=July 23, 2011}}. ''kycourts.net'' (October 1, 2009).</ref> In Comair's case against the United States, a settlement was reached with the government agreeing to pay 22% of the liability for the crash while Comair agreed to pay the remaining 78%.<ref name="preview.bloomberg.com">{{cite news|author=Voreacos|first=David|date=December 23, 2009|title=U.S. Helped Delta Insurers Pay $264 Million Crash Settlements|publisher=Bloomberg L.P.|url=http://preview.bloomberg.com/apps/news?pid=newsarchive_en10&sid=aOkG3OyIq1F0|archive-url=https://archive.today/20130118062648/http://preview.bloomberg.com/apps/news?pid=newsarchive_en10&sid=aOkG3OyIq1F0|url-status=dead|archive-date=January 18, 2013|access-date=July 9, 2010}}</ref>

All but one of the passengers' families settled their cases. After a four-day jury trial in Lexington that ended on December 7, 2009, the estate and daughters of 39‑year‑old victim Bryan Woodward were awarded [[compensatory damages]] in the amount of $7.1&nbsp;million.<ref name="preview.bloomberg.com" /> Though Comair challenged this verdict as excessive, on April 2, 2010, Judge Forester overruled Comair's objections and upheld the verdict.<ref name="r1" /> The case, formally known as ''Hebert v. Comair'', was set for a punitive damages jury trial on July 19, 2010.<ref>{{cite web|author=Hewlett|first=Jennifer|date=April 20, 2010|title=Judge sets July date for Comair trial – Courts|url=http://www.kentucky.com/2010/04/20/1230882/trial-set-to-decide-on-punitive.html|access-date=July 9, 2010|publisher=Kentucky.com}}</ref> In that trial, a different jury was to decide whether Comair was guilty of gross negligence that was a substantial factor causing the crash and, if so, the punitive damages to assess.<ref name="r1" /> The decision to allow a jury trial was reversed in a later hearing, with the judge ruling that the company could not be punished for the "reprehensible conduct" of its pilots.<ref>[http://www.kentucky.com/2011/02/03/1621026/judge-rejects-pursuit-of-punitive.html "Judge rejects pursuit of punitive damages in Comair case" Kentucky.com 3 February 2011] Retrieved March 24, 2011</ref>

In May 2012, Polehinke filed a lawsuit against the airport and the company that designed the runway and taxi lights.<ref>{{cite news|author=Ortiz|first=Brandon|date=August 28, 2007|title=Polehinke Files Suit in Crash: Remembering flight 5191|work=The Lexington Herald-Leader|url=http://www.redorbit.com/news/business/1047097/polehinke_files_suit_in_crash_remembering_flight_5191/|archive-url=https://web.archive.org/web/20160623202017/http://www.redorbit.com/news/business/1047097/polehinke_files_suit_in_crash_remembering_flight_5191/|archive-date=June 23, 2016|url-status=dead|access-date=March 5, 2008}}</ref> The estates or families of 21 of the 47 passengers filed lawsuits against Polehinke. In response, Polehinke's [[Lawyer|attorney]], William E. Johnson, raised the possibility of contributory negligence on the part of the passengers. When asked by the plaintiffs' attorney David Royse, who criticized the statements, to explain what that meant, Johnson replied that the passengers "should have been aware of the dangerous conditions that existed in that there had been considerable media coverage about the necessity of improving runway conditions at the airport."<ref>
[http://www.courier-journal.com/apps/pbcs.dll/article?AID=/20080125/NEWS01/801250424/1008&nclick_check=1 Comair passengers blamed in crash]
</ref>

== In popular culture ==
The crash was featured in the third episode of Season 21 of ''[[Mayday (Canadian TV series)|Mayday]],'' also known as ''Air Crash Investigation.'' The episode is titled "Tragic Takeoff".<ref>{{Citation |title=Mayday - Air Crash Investigation (S01-S22) |url=https://archive.org/details/mayday-aci |access-date=2024-08-17}}</ref> The flight's first officer, the crash's only survivor, was later featured in a film about sole survivors of plane crashes.

The opening skit of the [[58th Primetime Emmy Awards]] – which aired on the same night as the plane crash – featured host [[Conan O'Brien]] getting into a plane crash similar to the TV show ''[[Lost (2004 TV series)|Lost]]''. The skit was criticized and called "tasteless."<ref name="skit">{{Cite news |date=2006-08-28 |title=Emmy Plane Crash Skit Ripped |url=https://www.cbsnews.com/news/emmy-plane-crash-skit-ripped/ |access-date=2022-12-16 |work=CBS News}}</ref>

==See also==
{{Portal|United States|Aviation}}
* [[Aviation safety]]
* [[List of accidents and incidents involving commercial aircraft]]
* [[List of sole survivors of airline accidents or incidents]]
* [[Western Airlines Flight 2605]]
*[[Singapore Airlines Flight 006]]
*[[China Airlines Flight 204]]
{{Clear}}

==References==
'''Informational notes'''
{{notelist}}

'''Sources'''<br> 
{{NTSB}}

'''Citations'''
{{Reflist}}

==External links==
{{external media
| float  = right
| width  = 
| image1 = [http://www.airliners.net/search?manufacturerSerialNumber=7472&registrationActual=N431CA&sortBy=dateAccepted&sortOrder=desc&perPage=36&display=detail Pre-crash photos of N431CA at Airliners.net]|image2=[https://www.jetphotos.com/registration/N431CA Pre-crash photos of N431CA at JetPhotos.com]}}
* [https://www.ntsb.gov/investigations/AccidentReports/Reports/AAR0705.pdf NTSB Final Report]
*[http://www.comair.com/news/ Comair Press Releases] ([https://web.archive.org/web/20060901003111/http://www.comair.com/news/ Archive])
*[http://www.baaa-acro.com/Dossier%20Photo/N431CA.htm Pictures of the wreckage] ([https://web.archive.org/web/20071114162749/http://www.baaa-acro.com/Dossier%20Photo/N431CA.htm Archive])
* [https://tailstrike.com/database/27-august-2006-comair-5191/ Cockpit Voice Recorder transcript and accident summary]
*{{YouTube|title=Cockpit Voice recording|id=DN1NFy-WKW0&t=39s}}

{{Delta Air Lines}}
{{Aviation accidents and incidents in the United States in the 2000s}}
{{Aviation incidents and accidents in 2006}}

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[[Category:2006 in Kentucky]]
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[[Category:Aviation accidents and incidents in the United States in 2006]]
[[Category:Delta Air Lines accidents and incidents|5191]]
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