The collapse of a tent at an air show, causing an air conditioning unit to crush a five-year-old boy, is at the center of a wrongful death lawsuit that names airport officials and the tent manufacturer at fault, as reported by Alabama.com and other media outlets.
During the 2008 Huntsville Air Show a five-year-old boy was fatally injured when winds from a sudden storm whipped through tents, that had been tied together, and housed hundreds of spectators.
The lawsuit, filed on behalf of the boy's family, was filed in July of 2008 and is scheduled for trial in February 2013.
The Huntsville-Madison County Airport Authority, along with their marketing director, B.K., and operations director, D.K., are arguing to have the case dismissed. In January 2013 a hearing will take place, scheduled by Madison County Circuit Judge Karen Hall, to decide if the three parties are immune under Alabama law, as they are considered employees that were performing official duties, or to decide if they were negligent.
Both B.K and D.K. argue that there is insufficient evidence that suggest that their actions, or inactions, caused harm. The airport authority is making the same argument, also asking for immunity from any liability.
The incident occurred on the second day of the air show, on June 29, 2008.
Also named in the suit is the tent provider and installer, All Needz Rental, and the air conditioner provider, Aggreko LLC.
Aggreko LLC made an earlier settlement with the family, however, the other defendants do not want the company dismissed from the lawsuit.
D.K.'s attorneys claim that their client did not supervise the tents during the installation process. D.K. also relied on the accuracy of the weather reports garnered from the National Weather Service. The show was stopped by D.K. 12 minutes prior to the storm, according to the summary judgment filing, because rain was in the forecast.
The filing states that D.K. ended the show due to "potentially unsafe aviation conditions, and not the presence of severe weather." Additionally, "A representative from the National Weather Service was present at the air show and monitored the weather throughout the air show. No severe weather warnings or watches were issued prior to the accident."
B.P., an organizer of the show, was also not involved in the installation of the tents or responsible to monitor weather changes, according to the filing.
Plaintiffs argue that the tents were anchored incorrectly. The tents where held down via stakes driven into grass – as opposed to asphalt, as the owner of the tent company had directed the airport authority to do.
Then the tents were strung to each other and anchored by barrels filled with water. The high winds caused the tents to turn and buck. Fragments were sent flying and then, the air conditioner came down onto J.M.
The family also contends that inspections were not performed and there were violations of Huntsville fire codes.
A wrongful death can occur in a wide variety of horrible circumstances. If the circumstances were preventable, or caused by negligence, you have the opportunity to sue for damages. Contact a personal injury lawyer today to help you.