FLIGHT 3407: Will Expert Testimony be Allowed During Trial?

September 3, 2014 Updated Sep 3, 2014 at 6:49 PM EDT

By Ed Reilly

September 3, 2014 Updated Sep 3, 2014 at 6:49 PM EDT

BUFFALO, N.Y (WKBW) More than five-and-a-half years after the crash of Continental Airlines Connection Flight 3407 in Clarence Center, NY, the last remaining wrongful death lawsuit continues to move at a slow pace to trial.

61-year old Doug Wielinski died after the twin-turboprop commuter aircraft crashed into his home on Long Street.

Attempts to resolve the lawsuit have been unsuccessful.

Jury selection was supposed to begin weeks ago, but a number of pre-trial motions have delayed the trial's start.

Attorneys for Colgan, Pinnacle, and Continental Airlines are now seeking to have expert medical testimony for the Wielinski's restricted from trial because it claims that Wielinski was alive and conscious after the crash.

The airlines argue the conclusion reached by the experts contradicts the autopsy report that showed Wielinski died from multiple blunt-force traumas, and was not reached using accepted scientific methodology.

State Supreme Court Justice Frederick Marshall is now holding what's called a "Frye Hearing" to determine if the testimony will be allowed during trial.

Watch Ed Reilly's report for more information.