The decision by a lower court judge to not hold an airport in new Jersey liable for damages to an aircraft struck by a sleeping driver has been upheld by a state appeals court this week.

The suit was filed originally in 2006 after a driver fell asleep at the wheel and crashed through the chain link fence separate Teterboro Airport tarmac from the road. The driver then crashed into a plane owned by Potomac Aviation Services.

The company promptly sued the airport, alleging that they failed to provide adequate protection for the airplane and that they parked it in an unsafe location,

At issue were federal and industry guidelines for the type of fencing that was used to cordon off the airport property. The aviation company maintained that chain link fencing was in violation of safety measures.

However, the airport was found not liable for the damages. “There is nothing presented that in common sense or fairness convinces us that defendants’ duty to exercise reasonable care over plaintiff’s plane or to provide a reasonably safe place for it to be parked included an obligation to install guide rail or other protective devices,” the judges concluded.

If you have been the victim of another driver on the road, contact the New Jersey car accident attorneys of Levinson Axelrod, P.A., today by calling 800-346-5529.