Motions Heard in Court in Last 3407 Lawsuit

July 22, 2014 Updated Jul 22, 2014 at 11:10 PM EDT

By Hannah Buehler
By Jill Perkins

July 22, 2014 Updated Jul 22, 2014 at 11:10 PM EDT

BUFFALO, NY (WKBW) The family of Doug Wielinski, in State Supreme Court today, as their case remains the last unsettled case of the Continental Flight 3407 Victims.

“It’s an everyday thing,” said Karen Wielinski, Doug’s wife. “It will never go away.”

Today in court, new details made public for the first time about Doug Wielinski’s last moments.

“We know based on the facts that he died a horribly, painful death,” said Brian Hogan, an attorney for the Wielinski family.

Lawyers for the defendents, Continental Airlines and Colgan Air are disputing the fact that Wielinski suffered that night. They are trying to prove he was killed instantly.

Attorneys for the family say there is proof that Doug died in the fire, not from the impact of the crash.

“I find it astounding that these defendants are denying he experienced pain and suffering,” said Hogan.

Wielinski’s wife Karen was in the back of the house the night of the crash, and was able to escape. Her daughter Jill, also was able to make it out alive.

“Every day is a reminder of the accident,” said Jill Wielinski Hohl. “What we went through and having to deal with the loss of my dad.”

Continental is trying to prove it assumes no responsibility for the crash because the plane was owned and operated by an independent contractor…Colgan Airlines.

For the Wielinski’s, the writing is on the wall.

“Their logo was on the piece of plane that my daughter and I first witnessed when we emerged from the rubble,” said Karen. “Their logo was on the plane.”