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Flight 3407's Final Case: The Victim on the Ground

(WBEN) After settling all the passenger lawsuits stemming from the crash of Flight 3407 ion Clarence Center in 2009, Continental Airlines is headed to court to fight claims brought by the family of Douglas Wielinski, the only victim on the ground.

Wielinski was inside his home on Long Avenue in Clarence when the plane, carrying 49 people fell to the ground.
Continental Connection Flight 3407 was about five miles short of the Buffalo Niagara International Airport, flying in icing conditions the night of Feb. 12 when the plane tumbled wildly out of control and plummeted onto the Wielinski home. All 49 people aboard the plane and Wielinski died.

The last of more than 40 federal wrongful death claims recently settled as did a handful in State Supreme Court.  Continental Airlines has asked Judge Frederick Marshal to dismiss the case.

Wielinski's attorney Phillip Rimmler wants Continental to pay damages , but the lawyer for the airline says there's no evidence Continental acted in a wanton manner.