Five-Year-Old Child Was Fatally Injured In The Weather-Related Mishap

A February, 2013 trial date has been set in Madison County, Alabama Circuit court in a wrongful death case stemming from the fatal injury of a five-year-old child at a air show in Huntsville, AL, in 2008. The boy, Josiah Miller, was killed when a microburst in a sudden storm lifted up a string of hospitality tents, and a large air-conditioner fell on the child.

The online Alabama news site AL.com reports that the Madison County Airport Authority and the two employees named in the suit have filed a motion that the case should be dismissed. The motion holds that the authority, marketing director Barbie Peek, and operations director Doug Kreulen are not liable for the death under Alabama law. The contend that they are immune from claims that are related to their official duties. They also say that there is not enough evidence that the accident occurred because of any act or omission that they should have known could cause an injury.

Kreulen's attorneys say their client did not supervise the installation of the tents, and that he relied on the National Weather Service for information about severe weather. Kreulen had halted the show 12 minutes before the microburst hit. An NWS representative was present at the show, but "no severe weather warnings or watches were issued prior to the accident," the motion says. In the same filing, attorneys for Peek say she had no connection with the setup of the hospitality tents, and "had no role in monitoring weather conditions."

The boy's family, which brought the suit, says that the tents were not properly anchored. The company that set up the tents said that it had wanted to stake them in asphalt, but the airport authority directed them to anchor them in a grassy area. The companies that had provided the tents and air conditioners have also been named in the suit, and a settlement was reached with the AC company, but the other defendants say that company should not be dismissed from the proceedings.

Madison County Circuit Judge Karen Hall has scheduled a hearing on the motion to dismiss for January.

FMI: Motion to Dismiss