Mr. Rose indicated that, as a cost-savings method, SWA had also decided to disconnect an automatic braking system, which would have stopped the aircraft on the runway in Burbank. As at Midway, the Burbank aircraft ran off the runway, broke through the airport barriers, 20 feet tall steel blast fences, and ran onto Hollywood Way, a busy multi-lane road, crashing into a car and injuring its occupants. Kreindler was the lead attorney in the case on behalf of the 20 families involved in the Burbank crash.
"No less important is the fact that an especially high level of caution is required whenever severe weather that could compromise a safe landing is obvious and when runway conditions deteriorate," said Marc S. Moller, an aviation attorney and partner at Kreindler & Kreindler. "Weather doesn't cause accidents; people do. The fact that other aircraft safely landed last night before Flight 1248 and that the runway condition was reported as 'fair' would seem to suggest that there was something different about this plane's approach and landing. The 737-700 involved in the Midway crash should have had the auto brake system installed and, if used, that should have stopped the aircraft, given a normal and stable approach by the flight crew. Yesterday's crash is not the first in bad weather that should never have happened."
I have been reading this forum for some time but decided to finally chime in when I saw this news story. Mr Moller seems to believe that weather does not cause accidents, well he might want to go back and check the NTSB database of official causes! The question I have is for the SWA folks here, do you have auto-brakes installed on your new gens and/or was this just a case of an MEL? The reason I ask is that the article starts out by saying that the airline disconnected the ABS for cost savings and then later stated it is not installed. If the system is on placard and the requirements of the MEL are met then the flight is safe to operate. These law firms like to solve the puzzle before it is taken out of the box and me, well I like the facts.