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The 23-year-old victim, survived by his parents, was delivering checks for the Federal Reserve to the airport at midnight when he walked into a rotating propeller and was decapitated. This was a complex case which involved intentional tort claims against the victim’s employer as well as claims against the operator of the aircraft and the company which controlled the ramp services at the airport. The major defense was that the victim was confronted with an “open and obvious” condition (rotating propellers that he should have seen) and therefore was responsible for his own demise. After several years of document and deposition discovery by Jamie Lebovitz, substantial evidence was developed that rotating propellers in certain conditions, especially at night, are invisible. In fact, there has been a long history of people on airport ramps having been injured or killed in similar situations.
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