Final Flight 3407 Case in Court on Tuesday

July 21, 2014 Updated Jul 21, 2014 at 11:26 PM EDT

By John Borsa

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July 21, 2014 Updated Jul 21, 2014 at 11:26 PM EDT

BUFFALO, NY (WKBW) - "I cannot think of a worse way to go than he did," said attorney Philipp Rimmler as he talked about they way in which Doug Wielinski died.

Wielinski's home was destroyed on February 12, 2009 when Continental Airlines Flight 3407 crashed in Clarence Center.

Doug was killed, along with 49 people on the plane. His wife Karen and daughter Jill escaped.

The Wielinski's, the only remaining family not to have settled with the airline and its owners, will be in State Supreme Court on Tuesday when Rimmler will make motions before Judge Frederick Marshall.

In part, Rimmler said he will discuss the matter in which Doug Wielinski died.

"Facts that we have obtained in discovery. If the argument permits tomorrow, will come out for the very first time," he said.

There are two sessions on Tuesday. The first at 10 a.m. and then a second session in the afternoon.