Birmingham residents file lawsuit against UPS, Birmingham Airpor - WAFF-TV: News, Weather and Sports for Huntsville, AL

Birmingham residents file lawsuit against UPS, Birmingham Airport Authority

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The plane crash site, Aug. 14. Source: Clare Huddleston/WBRC The plane crash site, Aug. 14. Source: Clare Huddleston/WBRC
Investigators working at the crash site Aug. 18. Source: WBRC video Investigators working at the crash site Aug. 18. Source: WBRC video

A lawsuit has been filed in connection to the crash of UPS Flight 1354 in Birmingham.

The Aug. 14, 2013 crash killed both pilots. UPS and the Birmingham Airport Authority are named as defendants.

The plaintiffs are four residents whose homes are located close to the Birmingham-Shuttlesworth International Airport.

The plaintiffs are suing "for damages related to unsafe flight patterns over their house" which they say ultimately ended in the UPS Flight 1354 crash.

The suit goes on to say that the authority's expansion "made this incident unavoidable." They feel the runway where Flight 1354 was landing is too close to their homes and unsafe for big cargo planes.

Click here to open a PDF of the lawsuit.

Two of the plaintiffs, Cornelius and Barbara Benson, have lived in their home near the airport for 25 years.

They say in the suit that despite nearly all of their neighbors being bought out to make way for the airport expansion, the Airport Authority "has refused" to buy their home. The lawsuit says the Airport Authority has claimed "no planes were routed over" the properties in question. The plaintiffs dispute this, saying they have witnessed and heard planes flying over their homes.

Mrs. Benson has even told FOX6, and mentions in the lawsuit, that the planes fly so low over her house that she can wave to the pilots.

The suit claims that the Bensons and another plaintiff Pamela Yarber, have damage to their homes as a result of the crash. Several trees were also damaged on each property.

A spokesperson for the airport released this statement:

"The Birmingham Airport Authority has been served the lawsuit. Airport Authority does not make comments on pending litigation."

FOX6 is gathering reaction to and more information about this lawsuit. Sherea Harris was unable to reach the plaintiffs' attorney, Andrew Campbell. She did speak with Birmingham attorney Roger Appell to hear his thoughts on the lawsuit.

He says the defense will have to prove the Airport Authority ignored an alleged safety hazard the planes were causing to residents who live near that runway. Sherea will have her report tonight at 9 and 10 and you can also follow her on Twitter @ShereaHarris.

Copyright 2013 WBRC. All rights reserved.

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