Lawsuit alleges new details in fatal Austin airport truck incident

The family of a man who died after being hit by a fuel truck at Austin's airport is now suing the aviation company involved, according to court records obtained by KXAN.

AUSTIN (KXAN) -- The family of a man who died after being hit by a fuel truck at Austin's airport is now suing the aviation company involved, according to court records obtained by KXAN.

On Oct. 31, Aviation Department employee Michael Wills was hit by a truck near a service road that goes by the tarmac at Austin-Bergstrom International Airport, according the Austin Fire Department.

In the lawsuit filed this week, Wills' family names the driver of the fuel truck in this incident and accuses his employer, Menzies Aviation, of negligence. Menzies provides ground-handling services such as fueling and cargo loading for commercial airlines, the lawsuit said. The lawsuit alleges the company failed to properly train and supervise their employees or contractors on the "safe use and operation of equipment."

On the morning of the incident, the driver of a fuel truck owned by Menzies Aviation was waiting to re-fuel a plane in an "unauthorized and unsafe area" on the tarmac, according to the lawsuit. Wills parked his company Chevrolet pickup truck in front of the fuel truck and approached the fuel truck to ask its driver to move, but the driver became "angry and irritated," according to the suit.

The plaintiffs allege the driver sped forward, pinning Wills between the fuel truck’s rear wheels and the bed of the Chevy.

Wills was wearing a reflective vest and safety gear at the time of the accident, the lawsuit states.

Emergency responders were on the scene within minutes, "noticed massive injuries" and began CPR right away, according to an AFD report. Emergency responders could not resuscitate Wills, and he died at the scene, according to AFD's report.

Wills, 68 at the time of his death, had retired in 2010 as a captain with the Palm Springs Fire Department in California after 31 years of service, according to an online obituary. After retiring, he moved to Austin and began working at the airport.

The Austin Police Department and the Occupational Safety and Health Administration are still investigating this incident.

A spokesperson for Menzies Aviation told KXAN they could not comment on the filing due to an ongoing investigation into the incident.

At the time of the accident, the spokesperson said, “We are saddened by the fatal accident at Austin Airport. Our thoughts are with the deceased’s family, colleagues and loved ones... The safety and security of our operations is our top priority and we are fully cooperating with the local authorities as they undertake their investigations.”

The Austin Aviation Department, which is not named as a defendant, did not immediately respond to a request for comment.

In April, another airline employee died while operating a ground service vehicle that struck a jet bridge. In that case, APD investigated the death as an accident, while a family member of the employee who died filed a $1 million lawsuit against his employer, American Airlines. That case remains pending in Travis County District Court, according to clerk records.

Following the two deadly incidents, Austin airport’s interim CEO Jim Smith sent a memo to city leaders in November, detailing the safety operations in place.

According to the memo, the Department of Aviation manages a mandatory driver safety program for all airport employees, regardless of employer, that must be completed every year by every employee who operates trucks, cars, ground service equipment and other motorized vehicles on the ramp. KXAN investigators requested those training materials from the city but were told by an airport spokesperson they were created by a third party vendor and could cost thousands of dollars to retrieve and redact.

In the memo, Smith called the two deaths "devastating events" and noted that they will use findings from both investigations to determine if any changes are needed.

On Tuesday, attorneys with Nix Patterson, LLP who are representing the Wills family told KXAN, the "big picture is we are going to do whatever it takes to bring justice" in the case.

The plaintiffs are seeking monetary relief exceeding $1 million in actual and punitive damages, the lawsuit states.