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Passengers File Lawsuit Over Flight 1404

Lawsuit Against Continental Alleges Negligence

POSTED: 9:56 pm MST January 12, 2009
UPDATED: 6:38 pm MST January 13, 2009

Two passengers filed lawsuits against Continental Airlines and the pilots of Flight 1404, which went off the runway during takeoff at Denver International Airport in December.

The lawsuit alleges the pilots "negligently aborted takeoff." It also claims the airline was negligent in conducting safety inspections and failing to maintain and repair the aircraft.

"In this particular case, they did not do what they were supposed to do," said Jason Gibson, one of the attorneys who filed the claim.

"I want what's fair on behalf of my clients and all the rest of the passengers that were on the plane that day without them having to jump through all kinds of hoops to get there," Gibson told a Houston TV station.

Gibson said his clients are taking legal action to recover the cost of property lost in the crash, as well as medical bills.

In Colorado, a Pueblo couple recalls hearing an overhead announcement before boarding that made them nervous.

"Before we boarded the plane... they were saying there was something wrong with one of the engines... with the turbine... or something," said Gabriel Trejos, hours after the crash on December 20th.

Tuesday, January 13th, Trejos again recalled the overhead speaker statement that the crew was "…trying to fix the rear turbine…"

Maria, his pregnant wife, still has back problems after the crash but the couple is not involved in the lawsuit.

A DIA spokeswoman says those overhead announcements are not recorded.

A Continental Airlines spokeswoman tells 7News the Trejos' claims were investigated but that no corroborating evidence was found.

Gibson, the attorney in Texas tells 7News one of his two clients also distinctly recalls hearing that pre-boarding message.

A spokeswoman for Continental Airlines issued a statement saying, "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."

Read more at KRTK.com.


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