Los Angeles, California – Polehinke who was the sole survivor of the accident was also the co-pilot of Comair Flight 5191. He has decided to file the charges against AVCON Inc. last Friday, before the first year anniversary of the said tragedy.

In his lawsuit filed in Fayette Circuit Court, Polehinke accused AVCON Inc. of Orlando, Florida of being legally accountable for putting up lights improperly and insufficiently especially on the airport runway. He further said that the design was so unreliable and unsystematic that made it very hazardous for many commercial pilots, including him and his partner, who actually depend on them for safe flight or landing.

The lighting system did not “comply with the applicable laws, rules, regulations procedures and orders,” Polehinke added.

However, the Blue Grass Airport officials and other government agencies assigned to investigate on the matter have affirmed that the lighting on the edge of the main runway was properly working when the accident had happened. Other aircrafts also managed to take off safely before the Comair got involved in the crash.

In addition, the National Transportation Safety Board was able to establish last month that the real cause of the fatal crash was due to the Comair pilots’ failure in determining the signs that they were not supposed to take off on that incorrect runway.

Meanwhile, Polehinke’s charges stated that he have suffered from various personal injuries like “scars and disfigurement, loss of use of parts of his body and an activation or aggravation of a pre-existing disease or physical condition” including traumatic brain injury, broken bones and neurological defects.