Attorneys suing contractors at the Birmingham Shuttlesworth International Airport are taking depositions in preparation for a Nov. 3 trial in the case, court records indicate.
The family of 10-year-old Luke Bresette, who was killed when a multi-user flight information display board (MUFID) fell on him March 22, 2013, filed suit against several contractors involved in the massive renovation project at the airport.
The Bresette family, which lives in the Kansas City area, was on its way back home from a spring break trip to Florida when the MUFID fell, resulting in Luke’s death and seriously injuring his mother, Heather Bresette, and two younger brothers.
Jefferson County Circuit Court Judge Tom King Jr. has dismissed the case against several of the contractors involved in the airport project. His most recent order, signed April 16, removed A.G. Gaston Construction Inc. and Saber Construction Inc. from the case.
Attorneys for A.G. Gaston Construction, which has purchased Saber, filed a motion for summary judgment April 14 requesting the two companies be dismissed from the case because they had no involvement with the MUFID design or installation. Attorneys for the Bresette family then filed a brief agreeing that the two companies had no responsibility for the MUFID and should be dismissed.
Court records show that two other defendants, Khafra Engineering Consultants and Monumental Contracting, were previously dismissed from the case.
A motion for summary judgment filed by Monumental Feb. 18 stated that Chris Swain of Monumental became concerned Jan. 7, 2013 about the top heaviness and lack of anchoring for the first MUFID that Monumental had begun assembling. The motion claims Swain and Josh Aaron, also of Monumental, exchanged a series of emails with officials at Brasfield & Gorrie and Bloc Global Services, which had a joint venture to manage the airport construction, as well as Fish Construction, which had fabricated the MUFIDs.
The motion stated that Swain instructed Aaron to lay the first MUFID flat that evening and that Aaron and his crew remained on site until officials from Brasfield & Gorrie arrived and took possession of the MUFID.
According to the motion, Monumental had no further involvement with the MUFIDs, which were assembled and installed by Brasfield & Gorrie.
Plaintiffs remaining in the suit include Brasfield & Gorie, Bloc Global Services and Fish Construction.
Soon after the sign fell on the Bresette family, the Birmingham Airport Authority had all four MUFIDs removed. New signs that feature three display boards suspended from open metal frames have been installed.