CHARLOTTE, N.C. -- A lawsuit filed by the family of Delvonte Tisdale against the City of Charlotte was dismissed on Tuesday.
Tisdale's family had sued the city of Charlotte, its airport and US Airways, claiming their negligence caused the teen to plummet from the wheel well of a Boeing 737 to his death in a Boston suburb in 2010.
The lawsuit, filed in Mecklenburg Superior court last November, said the defendants should have done more to prevent Tisdale from getting onto the airport’s tarmac and into the wheel well of the plane. It sought damages in excess of $10,000.
“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,” said Charlotte City Attorney Bob Hagemann.
Superior Court Judge Hugh Lewis ruled that no evidence suggested the city did anything wrong and that Tisdale himself was negligent by entering a secured area. Judge Lewis also ruled the City owes a duty of care to the general public but not those who seek to breach security.
The dismissal covers the suit against the city and the airport and US Airways.
The attorney for the Tisdale family, Christopher Chestnut, said the family was disappointed.
"We are discouraged but respectfully disagree with the ruling...We are concerned for the safety of citizens flying out of Charlotte," he said.
Since the incident, Charlotte-Mecklenburg Police have taken over security at Charlotte-Douglas and have increased patrols.
The Charlotte Observer contributed to this report.