A lawyer for the only survivor of Comair flight 5191says he's withdrawing a defense that claimed the passengers of the flight share blame for their deaths.
An attorney for co-pilot James Polehinke first said the passengers should have known the airport was dangerous because of a construction project
The claim also said passengers should have known the air traffic control tower was understaffed and taking off in the dark is dangerous.
Polehinke's attorneys now say the defense is not a proper one.
49 people died in the crash in August of 2006.