Colorado

Oct 1, 2009 11:13 AM by Associated Press

Suit dismissed in '05 Pueblo crash of Circuit City jet

A federal judge dismissed a lawsuit by a Virginia company against Cessna Aircraft Co. in a 2005 crash in Pueblo that killed eight people aboard a jet owned by Circuit City.

U.S. District Judge Robert Blackburn in Denver dismissed the lawsuit by Richmond, Virginia-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 two-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.

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