 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 <unk> negligence on the part of the passengers . When asked by the <unk> ' attorney , David <unk> , 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 <unk> 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 <unk> , who criticized the statements , that he would withdraw the argument . Prior to his employment by Comair , Polehinke worked for <unk> International as a captain . 
