Last Flight 3407 Lawsuit Moving Towards Trial

August 18, 2014 Updated Aug 18, 2014 at 7:11 PM EDT

By Ed Reilly

August 18, 2014 Updated Aug 18, 2014 at 7:11 PM EDT

Buffalo, N.Y. (WKBW) The last wrongful death lawsuit concerning the crash of Continental Airlines Flight 3407 appears to be headed to trial.

On February 12, 2009, Continental Connection Flight 3407 crashed in Clarence Center while on final approach to the Buffalo Niagara International Airport.

50 people were killed including 61-year old Doug Wielinski who perished when the twin-turbo prop airplane fell on his Clarence Center home.

Wielinski's wife, Karen, and daughter, Jill (Wielinski) Hohl, were also inside the house when the crash occurred.

During pretrial motions before State Supreme Court Justice Frederick Marshall, attorneys for Colgan, Pinnacle, and Continental Airlines asked the judge for permission to put Jill (Wielinski) Hohl through another deposition.

The attorneys argued that they did not receive all the medical treatment records in time for the original deposition.

Attorney Brian Hogan for the Wielinski family voiced a strong objection to the requests by the defendants.

Justice Marshall denied the request on the grounds that the mix-up was not intentional and he felt Jill had already gone through a lot in the litigation.

"We need to get this matter to trial," added the judge.

A start date for the trial has not been announced, but a conference concerning expert witnesses is scheduled for August 27th.