A recent Buffalo News article reported that the President of Pinnalce Airlines admitted that the pilot in this crash should not have flown. The pilot of that plane, Capt. Marvin Renslow, had failed three federal “check rides” before Colgan hired him. The article reported that Colgan never double-checked with federal officials to see whether Renslow’s application — which listed only one failed check ride — had revealed his complete test record. The presidents admission came at a hearing of the Senate Aviation Subcommittee. It was determined that Renslow reacted inappropriately to a stall warning, doing exactly the opposite of what he should have done to correct the plane’s course.

Fall Was The Result Of Elevated Related Risk
In, NICOMETI v. THE VINEYARDS OF FREDONIA, LLC (June 2013) the Fourth Department held that contrary to the contention of defendants, the Supreme Court properly concluded that plaintiff’s fall was the result of an elevation-related risk for which Labor Law § 240 (1) provides protection.