Carrier Seeking $410,053 For Damage to B717

Midwest Airlines filed a lawsuit in US District Court Tuesday in conjunction with an incident in 2005 where one of its 717 jets had a brush with a weed-sprayer truck at Milwaukee's General Mitchell International Airport that is, essentially, a case of failure to yield.

Named as defendants are weed control company, Fahrner Asphalt LLC, Wausau Business Insurance Co., issuer of Fahrner's insurance policy; Milwaukee County, which operates the airport and hired Fahrner; and the Federal Aviation Administration.

The August 31 incident caused more than $400,000 in damage, said the carrier. Controllers gave Fahrner and county employees permission to spray for weeds along a taxiway, then directed the Midwest jet to the same taxiway a few minutes later, according to the Milwaukee Journal Sentinel.

The jet ended up bumping its left wing against the truck, sustaining $410,053 in damages, according to the lawsuit.

The carrier alleges the FAA was negligent for failing to issue a notice to airmen the work was occurring and for directing pilots to the work area in the first place.

The suit also says a county employee was at the work site whose job was to prevent aircraft from hitting the truck "failed to warn Midwest's pilots of the impending collision and failed to cause Fahrner to yield to the aircraft."

FMI: www.midwestairlines.com, www.mitchellairport.com