Blame the Victims?

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2:07 PM, Jan 25, 2008 • By BRIAN FAUGHNAN

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Do lawyers understand why the profession is held in such low-esteem? How much nerve does it take to suggest that passengers in a plane crash bear responsibility for their own deaths, since they should have known better than to believe flying is safe. That's the contention of the attorney representing the pilot and sole survivor of a 2006 plane crash:

In response to questions from a plaintiff's lawyer, James Polehinke's lawyer asserted that the passengers killed in the Aug. 27, 2006, crash should have known that Blue Grass Airport was dangerous because of considerable media coverage of a massive runway construction project there. They should have known the air traffic control tower was understaffed, that airports in Louisville and Northern Kentucky are safer and that taking off in the dark is dangerous, wrote William E. Johnson, a well-known attorney from Frankfort.

That's going to be a tough sell at trial.

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