No Settlement in Last Flight 3407 Lawsuit

August 11, 2014 Updated Aug 11, 2014 at 6:24 PM EDT

By Ed Reilly

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August 11, 2014 Updated Aug 11, 2014 at 6:24 PM EDT

BUFFALO, N.Y. (WKBW) There is still no settlement in the last remaining wrongful death lawsuit connected to the crash of Continental Airlines Flight 3407 on February 12, 2009.

61-year old Doug Wielinski died when the twin-turboprop aircraft carrying 49 passengers fell on his home.

Wielinski's wife, Karen, and her daughter, Jill, were also injured.

Monday afternoon, State Supreme Court Justice Frederick Marshall issued a ruling that denied a motion by Continental Airlines to be removed from the lawsuit.

Justice Marshall's written decision said Continental Airlines had a liability because Continental contracted with Colgan Air to operate the ill-fated connection flight which crashed on final approach to the Buffalo Niagara International Airport.

The lawsuit is seeking damages from Colgan Air, its parent-company - Pinnacle Airlines, and Continental Airlines.

Both sides are scheduled to be back in court on Thursday for a pre-trial motion concerning a defense expert.

Watch Ed Reilly's story for more information.