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First 2 Flight 3407 victim lawsuits filed
Business First
Two wrongful-death lawsuits were filed Tuesday in federal court on behalf of two Northrup Grumman Corp. employees who were killed during last month's Continental Airlines Flight 3407 crash in Clarence, and at least one more lawsuit is on the way.
Hodgson Russ LLP filed the lawsuits in the U.S. District Court for the Western District of New York on behalf of the families of Darren Tolsma and Ernest West, two of four Northrup Grumman workers who died Feb. 12 when the commercial flight from Newark to Buffalo crashed into a Clarence Center home. Four defendants are named - Continental Airlines Inc., Colgan Air Inc., Pinnacle Airlines Corp. and Bombardier Aerospace Corp.
Hugh Russ III, who will lead the Hodgson Russ team, said more defendants could be added to the list.
The family of a third Northrup Grumman victim, Jerome Krasuski, is working with Lipsitz Green Scime Cambria LLP to file a similar lawsuit, said James Scime, a managing partner at the firm.
"We're getting ready to file soon, but we're not on a timetable," Scime said. The firm is considering whether it should file in federal or state Supreme court.
It could not be immediately determined whether the family of the fourth Northrup Grumman victim, Steve Johnson, has made plans to file a similar lawsuit.
Both lawsuits filed by Hodgson Russ seek wrongful-death damages for the families of Tolsma and West. Key aspects of the complaints filed for both men include requests for:
• Compensatory wrongful-death damages for losses suffered by both families.
• Compensatory damages for the injuries and losses sustained by both men before they died.
• Reimbursement for funeral expenses.
• Damages for pre-impact physical pain and suffering, mental terror and mental anguish suffered by Tolsma and West.
• Any punitive damages to be determined by the jury.
Attorney Paul Perlman will assist Russ, along with other Hodgson Russ lawyers who specialize in litigation, trusts and estates and business.
The four Northrup Grumman employees were among 50 crash victims. The men were returning from a business trip.
An investigation into the crash has not yet been completed by the National Transportation Safety Board.


