The News-Courier in Athens, Alabama

Local News

July 14, 2008

Suit filed in air show incident

Wanda and Thomas Cross of Huntsville, whose three children were injured in an airshow accident at Huntsville International Airport in June, filed suit today in Madison County against the Huntsville Airport Authority and the company that provided tents for the airshow.

The children, ages 5, 6 and 10, were among the 12 people injured when a microburst struck June 29 and toppled several VIP tents. Josiah Miller, 5, of Limestone County was killed when a 5,000-pound air conditioning unit fell on him. Another local boy, Matthew Pepper, 7, was seriously injured when his foot was caught in a tent rope and he was thrown across the pavement.

The Cross family was among the crowd headed toward the row of tents to get out of a sudden rain shower when the microburst struck, scattering the tents. The Crosses’ 6-year-old reportedly suffered the most severe injuries, including facial lacerations and head trauma.

A spokeswoman in the office of the Huntsville law firm Jordan and Greer confirmed Brent Jordan is representing the Cross family.

The lawsuit names the Huntsville-Madison County Airport Authority and All Needz Rental, which supplied the majority of the tents for the show.

Steve Whitman, president of All Needz Rental, called the incident a “tragic act of God.”

The suit claims airport authorities and tent company workers failed to properly erect the chalet-style tents and that airshow organizers failed to get a tent permit from the City of Huntsville. An inspection is required with tent permits; air show organizers said 80 percent of tents were voluntarily inspected before the show.

Airport officials said previously they obtained a special events permit for the two-day show.

A meteorologist who spoke at a press conference called by airport officials two days after the incident said the microburst could not have been predicted.

Laura Gipson, spokeswoman for the Airport Authority, said in an e-mail Monday: “The Airport Authority cannot comment on pending litigation.”

Whitman’s full statement read: “As I have mentioned during previous interviews, our thoughts and prayers go out to the family of Josiah Miller. Additionally we’re praying for all of those involved in this tragic act of God. We would ask that our community also pray for those same individuals as well as our family. We have contacted our insurance company and they are currently investigating this incident. We have no further comments at this time.”

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