Deal Saver - brought to you by the Charlotte Observer

comments
  • Print
  • Order Reprints
  • Share Share

City, airport not liable for teen who likely fell from plane

By Cameron Steele and Gary L. Wright
csteele@charlotteobserver.com
G5S6V8PAA.6
HO - North Mecklenburg High School
Delvonte Tisdale. Photo courtesy of North Mecklenburg High School

A judge has dismissed a lawsuit filed against the city of Charlotte by the family of a teenager who apparently fell to his death from the wheel well of a plane during its flight from Charlotte to Boston.

The suit also named US Airways and Charlotte Douglas International Airport as defendants. The claims against them also were thrown out.

Delvonte Tisdale, 16, left his Charlotte home sometime on Nov. 14, 2010. A day later, his body was found in a Boston suburb. It was so damaged that authorities couldn’t identify the victim and an autopsy couldn’t determine the cause of death. A scribbled hall pass with Tisdale’s name on it provided investigators with their only clue to the teenager’s identity.

Authorities determined that the North Mecklenburg High School sophomore likely sneaked onto the tarmac of the Charlotte airport and climbed into the wheel well of US Airways Flight 1176, bound for Boston.

Tisdale’s security breach raised questions about the airport’s security. It led to a Charlotte-Mecklenburg police report that called the airport’s police force inadequate to monitor the nation’s 11th-busiest airport.

The lawsuit, filed by Tisdale’s family in November 2012, said the defendants should have done more to prevent Tisdale from getting onto the tarmac and into the plane’s wheel well. It sought damages in excess of $10,000.

Tisdale was involved in his school’s Air Force ROTC program. He was well-liked in his school and community and was characterized as “a well-behaved child who had a good life,” according to the lawsuit.

The lawsuit alleged that the defendants negligently failed to ensure that children like Tisdale could not gain access to restricted areas, including the tarmac and airplanes.

The defendants failed to warn Tisdale of the dangers associated with “boarding a plane as a passenger in the wheel well of an airplane,” the lawsuit alleged.

Superior Court Judge Hugh Lewis ruled late Tuesday that Tisdale himself was negligent in his actions and that the city is not responsible for the care of people who breach security.

On Wednesday, after the lawsuit was thrown out, City Attorney Bob Hagemann said in a news release: “While the City remains saddened by Mr. Tisdale’s death and sympathizes with his family, the Court’s ruling confirms our belief that the City should not be held legally liable for Mr. Tisdale’s decisions and actions.”

The news release said that the judge, in dismissing the case, agreed that Tisdale, by allegedly entering a secured area and climbing into the wheel well, was himself negligent.

Tisdale’s father, mother and grandmother couldn’t be reached for comment. Their attorney was also unavailable.

Hagemann noted that while the plaintiffs have the right to appeal, he is confident that Judge Lewis’ ruling will stand.

Steele: 704-358-5067 on Twitter: @steelecs

Hide Comments

This affects comments on all stories.

Cancel OK

The Charlotte Observer welcomes your comments on news of the day. The more voices engaged in conversation, the better for us all, but do keep it civil. Please refrain from profanity, obscenity, spam, name-calling or attacking others for their views.

Have a news tip? You can send it to a local news editor; email local@charlotteobserver.com to send us your tip - or - consider joining the Public Insight Network and become a source for The Charlotte Observer.

  Read more


Quick Job Search
Salary Databases
Your 2 Cents
Share your opinion with our Partners
Learn More