 The estates or families of 21 of the 47 passengers filed lawsuits against Polehinke . In response , Polehinke 's attorney , William E. Johnson , raised the possibility of contributory negligence on the part of the passengers . When asked by the plaintiffs ' attorney , David Royse , what that meant , Johnson replied that " ... ( they ) ... should have been aware of the dangerous conditions that existed in that there had been considerable media coverage about the necessity of improving runway conditions at the airport . " At the time Johnson submitted the contributory negligence defense , he had not yet been able to speak to Polehinke himself . By the time newspapers reported on the court documents , Johnson said he had already told Royse , who criticized the statements , that he would withdraw the argument . Prior to his employment by Comair , Polehinke worked for Gulfstream International as a captain . 
