 Families of 45 of the 47 passengers sued Comair for negligence . ( Families of the other two victims settled with the airline before filing litigation . ) Three sample cases were due to be heard on August 4 , 2008 ; but the trial was indefinitely postponed after Comair reached a settlement with the majority of the families . Cases brought by Comair against the airport authority and the FAA , arguing each should share in the compensation payments , are now resolved . The case against the airport authority was dismissed on sovereign immunity grounds , and this ruling was upheld by the Kentucky Supreme Court on October 1 , 2009 . In Comair 's case against the United States , a settlement was reached with the United States agreeing to pay 22 % of the liability for the crash , while Comair agreed to pay the remaining 78 % . 
