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Auto Accident Lawyers

BREAKING NEWS: Comair Flight 5191 / Delta Connection 191 Plane Crash

Comair Flight 191 (OH191/COM191) was a flight from Lexington, Kentucky to Atlanta, Georgia operated on behalf of Delta Connection by Comair. On August 27, 2006, around 6:07 a.m. local time, a Bombardier Canadair Regional Jet flying the route crashed after attempting to take off from the wrong runway at Blue Grass Airport, Lexington. The first officer was the only survivor among the 47 passengers and three crew on board. The flight was scheduled to land at Hartsfield-Jackson Atlanta International Airport at 7:18 a.m. local time.

The flight was sold under the Delta brand, as Delta Flight 5191 (DL5191/DAL5191) and has also been referred to in media and NTSB reports as Comair Flight 5191. 
The aircraft involved, N431CA, was a 50-seat Bombardier Canadair Regional Jet CRJ-100ER,serial number 7472. Manufactured in Canada in January 2001, it was delivered to the airline on January 30, 2001.

Data Recorder
Initial analysis of the flight data recorder and the cockpit voice recorder indicates the aircraft was cleared to take off from Runway 22, a 7,003-foot (2,135 metre) strip used by most airline traffic at Lexington. Instead, after the pilot confirmed "Runway 2-2," the aircraft began its takeoff roll on Runway 26, an unlit secondary runway just 3,500 ft (1,067 m) in length.  The aircraft, weighing over 49,000 lbs., rolled off the end of the runway as it needed a minimum of 3,586 feet (1,093 m) to take-off successfully.  Upon leaving the runway, the aircraft clipped the airport boundary fence, cleared a barbed wire fence, and became airborne after hitting a berm. The jet hit a group of trees, separating the fuselage and cockpit from the tail. The aircraft came to rest largely intact in an area less than half a mile (0.8 km) from the end of the runway. At this point it is believed that most victims did not survive the impact; those who did, except for the survivor, were killed by the post-crash fire.

Weather conditions at the time of the crash were not perfect but not difficult. Fog was present and a light rain was falling. These factors, along with the pre-dawn darkness, would have required the pilots to use their instruments for takeoff.  Instrument readings would have indicated that they were on the wrong runway. According to the NTSB, the pilot and co-pilot allegedly discussed the fact that the runway lights were out, but this did not cause them to consider that they were using a shorter, daylight-only runway. The sole air traffic controller on duty that morning was responsible for clearing flights and issuing weather forecasts, and was not responsible for assuring that flights were on their appropriate runways. The NTSB said that an additional controller would be added to the overnight weekend shift beginning immediately.

Victims
This incident was an unnecessary and devastating tragedy.  Our sincerest condolences go out to all of the friends and family members of the victims of this crash.  Although no amount of monetary compensation can ever bring back family members, an experienced aviation attorney can make sure that the responsible parties are held accountable for their actions. 

Attorney Anthony Tarricone is an experienced airplane accident attorney with 23 years experience in aviation and aircraft accidents and disasters; airplane product liability; and other complex airplane and aviation personal injury and wrongful death cases.

Curriculum Vitae            
Anthony Tarricone has 263 years experience in Aviation and Aircraft Accidents and Disasters; Product Liability; and other complex aviation and wrongful death litigation. As head of his firm's aviation department, Mr. Tarricone has handled numerous aircraft accident cases over the past 26 years ranging from major air carrier disasters to small general aviation crashes.  He has experience with cases involving all kinds of aircraft and operations; claims against manufacturers of aircraft and components; claims against the FAA; claims involving air charters and rental aircraft; and all kinds of commercial and private general aviation accidents and aircraft.

Through his extensive work in state and national trial lawyer organizations, Mr. Tarricone has fought to preserve the rights of individuals to have meaningful legal remedies through access to the civil justice system. He has is serving his third year as a National Officer of the Association of Trial Lawyers of America (ATLA), which is the largest association of civil trial attorneys in the world.  Presently serving as Secretary, he previously served as Parliamentarian and Treasurer; and for many years has been a member of the Board of Governors and Executive Committee.  He served as President of the Massachusetts Academy of Trial Attorneys, and remains on the Board of Governors and Executive Committee.

Mr. Tarricone is also a member of the National Transportation Safety Board Bar Association and the Lawyer-Pilots Bar Association.  He is a frequent lecturer and writer for Bar Associations and Professional Associations.

Mr. Tarricone is listed in Best Lawyers in America; he is listed in the Martindale-Hubbell Registry of Preeminent Lawyers in the areas of Aviation, Personal Injury and Civil Trial Practice; and he was selected to be included in the publication of Super Lawyers.

Education:
Suffolk University Law School, Juris Doctorate Degree, magna cum laude,
Class Rank, No. 1
Note Editor, Suffolk University Law Review 
Suffolk University College of Liberal Arts, Bachelor of Science in Humanities magna cum laude

Admitted to the Bar:
Commonwealth of Massachusetts
United States District Court (Massachusetts)
United States Court of Appeals, First Circuit
Admissions Pro Hoc Vice in various states as necessary for individual cases
Professional Experience:

Law Clerk to the Justices of the Superior Court of Massachusetts
Instructor in Law, Legal Research and Writing, Boston University School of Law
Private Practice of Law
Founding Partner/Shareholder, Sarrouf, Tarricone & Flemming, Boston, Massachusetts
Listings:

The Best Lawyers in America
The Martindale-Hubbell Register of Preeminent Lawyers (Aviation, Civil Trial Practice & Personal Injury)

Publications:
Editor, Best of Trial (ATLA Press, 1990)
Editor, Best of Trial: Products Liability (ATLA Press, 1991)
Preparation of a Plaintiff Personal Injury Case, Massachusetts Tort Manual (MCLE, 1999)
Preparation of the Plaintiff's Tort Case, Personal Injury Basics (MCLE, 1999)
Spoliation And Anticipatory Spoliation of Evidence: Emerging Trends, Theories, and Implications in Aviation Cases, Southern Methodist University Air and Law Symposium, 1999
Construction Site Liability, Massachusetts Premises Liability (MCLE, 1997)
Alternative Dispute Resolution Roundtable, MSL Law Review, Vol. 3, No. 2 (Massachusetts School of Law, 1996)

Bar Association Memberships:
Association of Trial Lawyers of America 1983 - Present
President's Club, 1999
M-Club, 1989 - Present
M-Club Eagle, 1999
Member, Executive Committee, 1999
Board of Governors, 1988 - 1993, 1996 - Present
Co-Chair, Exchange Advisory Committee, 1999
Co-Chair, Partnership for Progress Committee, 1999
Co-Chair, Publications Committee, 1989 - 1990
Member, Publications Committee, 1988 - 1998
Member, Key Person Committee, 1988 - 1999
Member, Convention Committee, 1988 - 1990
Member, Committee to Review Legislative Groups, 1988 - 1990
Member, A.T.L.A. PAC Task-force Committee, 1989 - 1991
Member, Safety Conferences Committee, 1990 - 1991
Member, Political Action Management Committee, l996 - 1997
Member, Aviation Section
Member, Products Liability Section
Massachusetts Academy of Trial Attorneys, 1978 - Present
President, 1993 - 1994
Board of Governors, 1987 - Present
Executive Committee, 1990 - Present
Chairman, Federal Legislation Committee, 1996 - Present
Chairman, Membership Committee, 1996 - 1997
Chairman, Fundraising Committee, 1988 - 1990
Chairman, Budget Committee, 1990 - 1992
Massachusetts Bar Association, Member
Lawyer - Pilots Bar Association, Member
National Transportation Safety Board (NTSB) Bar Association, Member
Lectures & Papers Presented (Partial Listing, Since 1996):

8/8/86, Massachusetts Continuing Legal Education (MCLE) Trial Advocacy Institute; Faculty Member
1/20 - 21/87, Harvard Law School Trial Advocacy Course; Faculty Member
2/27/87, Massachusetts Academy of Trial Attorneys (M.A.T.A.) Seminar; The Auto Accident Case; Chairman
3/1 - 8/87, M.A.T.A. Seminar, Deposition Practice; Discovery in Consumer Products Cases; Dram Shop Litigation; Evaluation of Personal Injury Cases; Faculty
8/7/87, MCLE Trial Advocacy Course, Boston University Law School; Faculty
10/23/87, M.A.T.A. Seminar, Pricing Personal Injury Cases; Faculty
11/12/87, Boston College Mock Trial Competition; Judge
1/29/88, M.A.T.A. Seminar; Workplace Hazards; Faculty
8/12/88, MCLE Trial Advocacy Course, Boston University; Faculty
9/29/88, Harvard Trial Advocacy Workshop; Faculty Member
11/2 - 6/88, M.A.T.A. Bermuda Seminar. Lecturer, Time Standards and the New England Patriots Case
12/9/88, MCLE Slip, Trip & Fall Seminar, Lecturer, Evaluation of Cases; Panel Member
12/16/88, The New Auto Insurance Bill Seminar. Panel Member and Lecturer
1/89 - 5/89, New England School of Law Trial Practice Course; Instructor
8/10/89, MCLE Trial Advocacy, Faculty Member
9/28/89, MBA Seminar; "Evaluating Damages in Personal Injury Cases; Speaker
10/25/89, M.A.T.A. Seminar: The Auto Accident Seminar, Chairman/Lecturer/Instructor
11/2/89, M.A.T.A. Bermuda Seminar, Lecturer
11/29/89, Moot Court Competition, Judge
1/18/90, Trial Advocacy Workshop; Harvard Law School, Instructor
2/9/90, Suffolk University Clarke Moot Court Competition, Judge
2/16/90, M.A.T.A. Seminar; Problems of Proof, Lecturer
3/6/90, Moot Court Competition, Boston College, Judge
3/31/90, MCLE Evidence Seminar, Lecturer/Instructor
8/8/90, MCLE Seminar; Lecturer/Instructor
9/17 - 18/90, Trial Advocacy Workshop; Harvard Law School; Lecturer/Instructor
10/5/90, M.A.T.A. Seminar; Premises Liability; Lecturer
11/14/90, Haverhill Bar Association, Lecturer, Maximizing the Settlement Value of Cases
12/14/90, Premises Liability/Slip, Trip & Fall Seminar; Lecturer
8/7/91, MCLE Trial Advocacy Course, Harvard University; Faculty Member
11/2/91, M.A.T.A. - Bermuda - The New Auto Bill; Lecturer
1/31/92, Professional Law Institute (P.L.I.) A.D.R. Seminar, Lecturer
6/92, M.C.L.E. Trial Advocacy Institute, Harvard Law School, Lecturer
11/15 - 16/91, M.A.T.A. Annual Meeting and Seminar, Lecturer
11/20 - 21/92, M.A.T.A. Annual Meeting; Lecturer, Pre-Trial Preparation, Deposition Basics
10/11/93, M.A.T.A. Annual Meeting; Lecturer, Direct and Cross Examination of the Technical Expert Witness
10/20/94, M.A.T.A. Annual Meeting; Lecturer, Disabilities Track: How To Deal With Pre-existing Medical Conditions
1996, Massachusetts School of Law, Alternative Dispute Resolution Roundtable, Panel Member
10/18/96, M.A.T.A. Annual Meeting and Seminar; Lecturer, Identifying Third Party Claims in Automobile Accident Cases
12/4/96, MCLE Seminar; Comprehensive Premises Liability, Lecturer/Instructor
12/10/96, M.A.T.A. Seminar; Mastering Evidence, Lecturer/Instructor
5/21/97, MCLE Seminar; Premises Liability, Lecturer/Instructor
6/17/97, M.A.T.A. Expert Witness Seminar, Program Chair/Lecturer
10/16/97, M.A.T.A. Annual Convention and Seminar; Cross-Examination of Experts, Section Chair and Lecturer
3/6/98, American Bar Association Seminar; Medicine & Law Committee; Liability Issues In Managed Care, Panel Member and Lecturer, Boston, MA.
5/7/98, M.A.T.A. Annual Meeting and Convention; Seminar Chairman, Successful Strategies for Motor Vehicle Cases; Lecturer; Identifying and Investigating Third Party Claims of Product Liability, Road Design, and others
2/25 - 26/99, Speaker and Presentation of Paper, SMU Journal of Air Law and Commerce, Air Law Symposium, Dallas, Texas; Paper presented: Spoliation and Anticipatory Spoliation of Evidence: Emerging Trends, Theories And Implications in Aviation Cases
3/26/99, Speaker/Presenter, Identifying and Investigating Third Party Claims, MATA Annual Auto Seminar, March 26, 1999, GardnerAuditorium, Massachusetts State House
5/7/99, MCLC Seminar, Personal Injury Basics, Lecturer on Preparation and Trial of the Plaintiff's Case and Evaluation of Personal Injury Cases

           Representative Sampling of Anthony Tarricone’s Cases:

$15.5 million for victims of jet crash in Paris, France (Falcon 10;  defective design of engine with respect to containment from blade failure)
$10 million for death of pilot in crash of twin-engine turbo-prop.  Lead counsel for four cases, with total recovery of $26,000,000.
$6.25 million for husband and father killed in African Air Disaster (Ivory Coast Crash; only American killed in crash).
$6.25 million for husband and father killed in domestic air carrier crash.
$4.1 million for victims of air crash caused by air traffic control error.  Tried to verdict in Boston Federal Court.  
Note: These verdicts and settlements are provided for information purposes only and do not reflect any guarantee of recovery on any prospective case.

 


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