Aviation mechanic suffers MTBI and orthopedic injuries after being struck by a luggage tug. $2.7M. Los Angeles County.

Facts and Background

• Facts and Background:

  Plaintiff, a 32-year-old aviation mechanic, was waiting for arrival of an Aero Mexico flight for taxi and inspection in the course of his job along with his co-worker. Defendant Carlos Badio, employed by the airport contractor, defendant Swissport SA LLC was operating a loaded luggage tug, and drove across the jet bridge into the circle of safety where the aircraft mechanics were waiting, and struck them.  

  One mechanic went under the tug, and plaintiff was struck, propelled forward and landed on the ground. Plaintiff claimed that he suffered from mild traumatic brain injury and orthopedic injuries. The other mechanic also suffered similar injuries but his case was handled on a separate track.

• Plaintiff's Contentions:

  That the luggage tug driver was untrained, violated the airport rules of driving, Los Angeles World Airport Authority (LAWA) rules and the FAA rules. The driver did not have the mandatory training to drive on airport grounds and not have the mandatory FAA ICON to drive on the airport grounds.

  Additionally, the driver drove into the circle of safety and under the jet bridge in violation of the FAA and LAWA Rules. The tug driver also drove at excessive speed, which caused him to strike aircraft chocks, the reason  he lost control of the tug and hit plaintiff. Plaintiff also contended that defendant Swissport and Badio had the duty to make sure that no chocks were in the improper places prior to aircraft arrival.

• Defendant's Contentions:

  Defendants at trial admitted liability, vicarious liability and negligent entrustment.

  However, defendants still argued comparative liability, alleging that plaintiff was doing an FOD walk (Foreign Object Debris), requiring plaintiff to remove the chocks himself.