KFDA - NewsChannel 10 / Amarillo, TX: newschannel10.comSuit dismissed in '05 crash of Circuit City jet

Suit dismissed in '05 crash of Circuit City jet

Associated Press - September 30, 2009 11:04 PM ET

DENVER (AP) - A federal judge has dismissed a lawsuit by a Virginia company against Cessna Aircraft Co. in a 2005 crash in central Colorado that killed eight people aboard a jet owned by Circuit City.

U.S. District Judge Robert Blackburn in Denver dismissed the lawsuit by Richmond, Va.-based Martinair Inc., which operated the plane for Circuit City Stores Inc. He ruled Wednesday that Kansas state law should apply because that's where Cessna is based.

Blackburn ruled Martinair's claims were barred by the Kansas statute of limitations.

Martinair contended that Cessna shared responsibility for claims by some of the passengers' estates because of the plane's alleged flaws. Blackburn said Martinair's lawsuit, filed in May 2007, was over the 2-year limit allowed under Kansas law.

Federal investigators said in 2007 that the crash in Pueblo was due to the pilots flying too slowly as they dealt with ice on the wings and a runway change.

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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