The Buffalo News reported today that Colgan Air says the probable cause of February’s fatal crash in Clarence Center that claimed 50 lives was the pilots’ “loss of situational awareness and failure to follow Colgan Air training and procedures, which led to a loss of control of the aircraft.” The regional airline company, in a 66-page report to the National Transportation Safety Board, also cited as contributing to the crash the lack of low-speed warnings in the cockpit instrument panel on the Bombardier Dash 8-Q400 turboprop. It was also reported that the pilots union said a combination of factors caused the crash. The union cited Colgan for failing to adequately prepare the pilots for the conditions that faced them Feb. 12, when the aircraft went into an aerodynamic stall and spun out of control. The two reports were submitted Dec. 7 as the board continues to investigate the cause of the turboprop crash.

Recent Fourth Department Case Law
In Kmiotek v Chaba ____ A.D. 3d ____ the Appellate Division, Fourth Department set a minimum value for spinal disc injuries. The Appellate division also upheld the trial Court’s Order directing a verdict on the issue of serious injury. This case involves an appeal from a judgment of