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Sat, Apr 26, 2014

UPS Asks Court For Partial Summary Judgment In 2013 Accident

Property Owners Near The Airport Have Sought Damages From The Shipping Company

UPS is asking the Circuit Court of Jefferson County, AL to grant a partial summary judgment in a lawsuit that stemmed from the August 14, 2013 accident at Birmingham-Shuttlesworth International Airport.

Several property owners near the airport have sued the shipper for "mental anguish" following the accident, and are seeking financial damages for that anguish.

The Birmingham Business Journal reports that, according to a filing from UPS, the company claims that "The Court should grant partial summary judgment in UPS’s favor, because there is no genuine issue as to any material fact and UPS is entitled to a judgment as a matter of law with respect to the referenced claims."

UPS contends that some of those who are party to the suit were not home at the time that the accident occurred, and that of those that were, they were sleeping and not aware of any problem until after the airplane had passed over their home, and therefore not entitled to damages for "mental anguish".

FMI: Full Filing

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