A judge has dismissed Delta Air Lines as a defendant in a lawsuit brought by relatives of a 78-year-old man who died about six weeks after his scooter fell off a shuttle bus ramp at Los Angeles International Airport.
Elva Lopez Navarro, widow of the late Ricardo Lopez Rangel, her son and two daughters brought the Torrance Superior Court lawsuit in April 2022, alleging premises liability and negligence. Along with Delta, the lawsuit named as defendants ERMC Aviation LLC and ABM Aviation Inc., which facilitates passenger service as well as such airline amenities as cabin cleaning.
In April, Judge David Reinert granted Delta’s motion to be dismissed from the case, finding there were no triable issues against the airline, but he did not remove ABM as a defendant in its entirety.
“Based on moving defendants’ evidence, the court finds that while ABM has a legal duty toward its bus passengers, Delta has no such duty,” the judge wrote. “Therefore, Delta has provided sufficient evidence to show there is no material fact in dispute as to that issue.”
Delta contended that ABM was an independent contractor and the judge agreed with that assessment. Reinert previously denied ERMC’s motion that the claims against it be dismissed wholly or in part.
ERMC contracts with Delta for passenger assistance and the judge said the firm “assumed” an obligation of care in the decedent’s handling because Rangel was provided an accommodation — he and his scooter were being boarded on a shuttle bus at the time of the accident in 2021 and that meant he did not have to wait in line with other passengers.
The plaintiffs contend the shuttle bus ramp was at an unreasonably high incline amounting to an “unsafe, dangerous, condition” and that the ERMC workers who assisted Rangel were negligently hired, trained and supervised, all contributing factors to his scooter’s fall from the incline.
Trial of the case is scheduled for Aug. 24.