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    Midwest files lawsuit over 2005 jet accident: Airline seeking $410,053 for wing damage at Mitchell

    July 27, 2007
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    Jul. 26--As fender benders go, this one was a doozy -- with a repair bill of more than $400,000.

    But the damaged vehicle wasn't your typical beater. A Boeing 717 jet is going to need some time in the shop after it runs into a truck.

    That's what happened on Aug. 31, 2005, at Milwaukee's Mitchell International Airport. The jet's operator, Midwest Airlines Inc., is suing to collect $410,053 -- damages the aircraft sustained when its left wing bumped a weed-spraying truck operated by Fahrner Asphalt LLC.

    Midwest on Tuesday filed a lawsuit in U.S. District Court. The suit's defendants are Fahrner, a company based in Plover; Wausau Business Insurance Co., which issued Fahrner's liability policy; Milwaukee County, which operates the airport and hired Fahrner; and the Federal Aviation Administration.

    The FAA control tower at Mitchell gave permission for Fahrner and county employees to spray weeds along one of the airport's taxiways on the day of the accident, according to the lawsuit.

    Around 13 minutes later, the lawsuit contends, control tower personnel directed the Midwest jet into the same area, where the collision occurred.

    The suit claims the FAA was negligent by directing Midwest's pilots to take their jet to the taxiway where Fahrner was working, and failing to warn the pilots that Fahrner was in the area.

    Midwest claims Milwaukee County was negligent for failing to issue a notice to airlines that work was occurring.

    Also, the suit says a county employee who was with Fahrner employees, and who was supposed to prevent aircraft from hitting the Fahrner truck, "failed to warn Midwest's pilots of the impending collision and failed to cause Fahrner to yield to the aircraft."

    The suit accuses Farhner of failing to yield.

    None of the defendants contacted Wednesday wanted to comment on the lawsuit. Most said they haven't had a chance to review it.

    To see more of the Milwaukee Journal Sentinel, or to subscribe to the newspaper, go to http://www.jsonline.com. Copyright (c) 2007, Milwaukee Journal Sentinel Distributed by McClatchy-Tribune Information Services. For reprints, email [email protected], call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.