JEFFERSON COUNTY, AL (WBRC) - A judge has dismissed Birmingham-based Monumental Contracting from a wrongful death lawsuit filed by the family of Luke Bresette.
The 10-year-old boy was killed when a flight display board at the newly renovated Birmingham-Shuttlesworth International Airport fell on him on March 22, 2013.
In a motion for summary judgment filed Tuesday, Monumental cited an email chain it says shows its workers who were supposed to assemble and install four flight display boards warned the project's architects and project managers about safety concerns involving the boards, and refused to install them until a solution was reached.
Monumental says employees of contractor Brasfield & Gorrie ultimately installed the boards without any anchoring to prevent them from tipping over.
In a filing Wednesday, the Bresette family said it agreed Monumental played no role in the accident and should be dismissed from the case. Judge Tom King cited that filing in his ruling.
Wednesday's ruling doesn't affect any of the other defendants, which include Brasfield & Gorrie, BLOC Global Services Group, KPS Group, A.G. Gaston Construction Company, Saber Construction and Fish Construction.