UPS asks court to forgo trial in civil suit filed by Birmingham residents

A firefighter looks at the wreckage of a UPS Airbus A300 cargo plane that crashed on the north side of the Birmingham-Shuttlesworth International Airport, Wednesday, Aug. 14, 2013, in Birmingham, Ala. An engine cowling is shown in the foreground. The two pilots aboard the aircraft were killed. (AP Photo/, Mark Almond)

BIRMINGHAM, Ala. (WIAT) – Court documents filed on April 22, 2014 reveal UPS has filed a motion for partial summary judgement in its favor, in a civil suit filed by four Birmingham residents asking for damages related to the crash of UPS Flight 1354 on August 14, 2013.

In the motion, UPS says the court should grant the partial summary judgement because, “there is no genuine issue or material fact that the crash resulted in mental anguish or physical symptoms of mental anguish” as claimed by residents.

A summary judgement argues that there is no issue to be tried in court.

The civil suit was filed in October of 2013 by four residents who live near runway 18/36 at the Birmingham-Shuttlesworth International Airport where the plane went down.

The lawsuit states the residents have sought treatment for “mental anguish and stress stemming from the crash and the fear that it may happen again.”

The suit also states the crash damaged their property and has lowered their property values. If a summary judgement is granted, there may not be a trial, but damages could still be awarded for the alleged property damage.

Residents say as the plane approached, it was a mere 40 feet from one of their homes. As it went down it clipped the tops of trees in yards; debris punched a hole in the roof of one home, damaged outbuildings, a ramped walkway at one home, a truck and took out power lines.

The motion claims, based on questioning of the residents, two of them were not home at the time of the crash. The motion says the other two plaintiffs in the case were asleep and were not awakened until after the fact, therefore, damages for mental anguish are not warranted.

The Birmingham Airport Authority is also a part of the civil suit.

Neither the authority or UPS comment on pending litigation.

A hearing is set for May 28, 2014.

Copyright 2014 WIAT-TV CBS42

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