A Los Angeles Superior Court judge has ruled against a motion to dismiss a lawsuit involving an airline passenger assistance firm, keeping it as a defendant in a case tied to the death of a 78-year-old man at Los Angeles International Airport (LAX) in 2021.

The Legal Battle Over Responsibility

The case, filed in April 2022 by the family of Ricardo Lopez Rangel, centers on the death of the decedent, who fell from a shuttle bus ramp six weeks after the incident. His widow, Elva Lopez Navarro, along with her son and two daughters, sued Delta Air Lines, ERMC Aviation LLC, and ABM Aviation Inc., alleging premises liability and negligence.

Judge David K. Reinert rejected ERMC Aviation LLC’s argument that the part of the case involving the company should be dismissed due to a lack of triable issues. In his ruling, the judge stated that ERMC, which Delta contracts with for passenger assistance, assumed an obligation of care because Rangel was provided an accommodation — he and his scooter were being boarded on a shuttle bus, meaning he did not have to wait in line with other passengers.

ERMC’s Defense and the Plaintiffs’ Counter

ERMC’s legal team had argued in court documents that neither Rangel nor his relatives requested assistance, and thus, no breach of a duty of care occurred. However, the plaintiffs countered that the shuttle bus ramp was at an unreasonably high incline, which they described as an “unsafe, dangerous condition.”

The family also claimed that the ERMC employees who assisted Rangel were negligently hired, trained, and supervised, all of which contributed to the fall of the scooter from the incline. The plaintiffs are seeking damages for the death of Rangel, who passed away in 2021.

Implications for Airline Services and Passenger Safety

The ruling could have broader implications for how airline service providers handle passengers with mobility needs. If the court finds that ERMC was negligent in its hiring or supervision practices, it could set a precedent for similar cases involving airline assistance services.

According to legal experts, the outcome of this case may influence how courts interpret the responsibilities of contracted service providers in airline environments. The case also highlights the importance of accessibility and safety measures in airport facilities, especially for elderly passengers who rely on assistance.

The trial is expected to proceed, with further arguments and evidence to be presented in the coming months. A trial date has not yet been set, but legal representatives for both sides are expected to file additional motions and prepare for a full trial.

Judge Reinert’s decision to deny the motion to dismiss signals that the court sees sufficient evidence to proceed with the case against ERMC. This means the company will remain a defendant as the legal process continues.

The plaintiffs’ attorney, who could not be reached for comment, has previously stated that the case is about holding all responsible parties accountable for the conditions that led to Rangel’s death. The case is expected to remain in the Torrance Superior Court for the foreseeable future.

The legal proceedings are also being closely watched by consumer advocacy groups and disability rights organizations, who see the case as a potential catalyst for improved safety standards and better oversight of contracted services in the aviation industry.