The attorney's for the co-pilot and lone survivor of the Comair Flight 5191 crash in Lexington are firing back at the National Transportation Safety Board.
On July 26, The NTSB determined the pilots were most responsible for the 2006 plane crash because of their failure to recognize signs that they were going the wrong way.
Comair Flight 5191 crashed shortly after take-off, killing 49 of the 50 people on-board.
Now, the attorneys of co-pilot and survivor James Polehinke say the NTSB findings are incomplete and insufficient to address the causes of the tragedy.
They say the air traffic controller should have been the one at fault.
Polehinke was subpoenaed by the NTSB, but his doctor insisted he was unfit to cooperate.
An official with the NTSB says had Polehinke talked with investigators, they didn't think there would've been any charge in the probable cause the board determined this past week.