UPS files motion for partial summary judgement in lawsuit over B - ABC 33/40 - Birmingham News, Weather, Sports

UPS files motion for partial summary judgement in lawsuit over Birmingham plane crash

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Attorneys for UPS filed a motion for partial summary judgement in a lawsuit over the August 2013 plane crash in Birmingham, Ala. Attorneys for UPS filed a motion for partial summary judgement in a lawsuit over the August 2013 plane crash in Birmingham, Ala.
JEFFERSON COUNTY, Ala. -- The United Parcel Service Co. or UPS has filed a motion in Jefferson County Circuit Court requesting a partial summary judgement in the civil lawsuit over the plane crash in Birmingham last year.

The motion, which was filed Tuesday, asks the judge to dismiss any damage claims associated with mental anguish or alleged physical symptoms  requested by the plaintiffs -- Barbara Jean and Cornelius Benson -- who were living near the Birmingham airport when a UPS cargo plane crashed on Aug. 14, 2013.

Attorneys for UPS state in the motion that the Bensons, who are seeking monetary damages for negligence, trespass and the tort of outrage and mental anguish from the crash, have no evidence supporting their claims of physical injuries from the incident. Furthermore, UPS believes that said evidence doesn't exist.

"The Bensons were never in the zone of danger," the motion states. "The closest the complaint describes any debris coming to the Bensons is 40 feet from the bedroom in which they were sleeping."

Citing the aforementioned statement regarding the zone of danger, attorneys for the defendant said the plaintiffs were never placed in immediate risk of physical harm by any alleged conduct of UPS.

"Even if the Bensons were considered as being within the zone of danger, they were not aware of any danger at the time, so they did not suffer any fear contemporaneous with their presence in the zone of danger."

UPS attorneys said even if the Benson suffered fear associated with the crash, it was after the fact and they were "clearly" not at risk of physical harm.

"If the Bensons suffered any fear associated with the crash, it was after the aircraft had already passed over their property, after any debris had already landed, and after the aircraft had already crashed beyond their house, a significant distance away," UPS attorneys said.

For this reason, UPS believes the plaintiffs aren't allowed to recover any damages for mental anguish in regards to their claim of negligence.

In conclusion, UPS asked the court to enter partial summary judgment in its favor with respect to the Bensons' claims for mental anguish and damages associated with said claims.

To read the motion in its entirety, click here.
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