Family Settles Wrongful Death Suit After 400-Pound Airport Sign Kills 10-Year-Old Boy
Won by Dollar, Burns, Becker & Hershewe.
Tim Dollar and Tim Becker secured a confidential settlement for the family of a 10-year-old Kansas boy fatally struck by a 400-pound flight information sign at Birmingham-Shuttlesworth International Airport during a $200 million renovation.
What happened
On March 22, 2013, the Bresette family was passing through Birmingham-Shuttlesworth International Airport, returning to Overland Park, Kansas after a spring break trip to Florida. Inside the terminal concourse, a Multi-User Flight Information Display System cabinet came loose from its mounting and fell. Luke Bresette, 10 years old, was killed. His mother, Heather, suffered serious injuries. Two younger brothers were also hurt.
The sign was part of a sweeping $200 million renovation project underway at the airport. The 400-pound metal-and-glass display unit had no anchoring system and lacked proper structural support, according to allegations in the lawsuit. Court filings stated that workers and contractors involved in the renovation had been aware of stability problems with the display units but failed to secure them before reopening that section of the concourse to the traveling public.
Attorneys Tim Dollar and Tim Becker of Dollar, Burns and Becker filed a wrongful death lawsuit in Jefferson County Circuit Court on behalf of Luke's parents. The complaint named nine defendants: general contractor Brasfield and Gorrie, BLOC Global Services, architect KPS Group, sign manufacturer Fish Construction, Khafra Engineering Consultants, A.G. Gaston Construction, Saber Construction, Monumental Contracting Service, and Intersystems U.S.A.
With a trial date set for November 3, 2014, the parties entered mediation. A settlement was announced following a pre-trial hearing on September 3, 2014, and later approved by Jefferson County Circuit Judge Tom King Jr. The remaining defendants, BLOC Global Services, Brasfield and Gorrie, KPS Group, and Fish Construction, each acknowledged that mistakes had been made. The contractors also committed to analyzing the failures and implementing concrete changes to prevent similar incidents. As part of the resolution, the Birmingham Airport Authority commissioned a memorial honoring Luke for installation at the airport.
The settlement amount was kept confidential. Luke's parents and all four siblings each received an undisclosed payment from the participating companies. The family subsequently established the 'Live Like Luke' foundation to encourage young people to pursue excellence.
Sources
This account is drawn from contemporaneous public reporting and the court record.
- 1.ABC 33/40 Birmingham: 'Bresette family files lawsuit against Birmingham airport contractors for death of 10-year-old son'·Archived copy
- 2.ABC 33/40 Birmingham: 'Lawsuit settled in Luke Bresette's death at Birmingham airport'·Archived copy
- 3.WBRC Fox 6 Birmingham: 'Settlement reached in Luke Bresette wrongful death lawsuit'·Archived copy
- 4.Fox Business: 'Family, contractors settle lawsuit over death of boy killed by falling Alabama airport sign'·Archived copy
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