Attorneys File $10 Million Claim Against Denver Over Airport Fence Breach

Michael Mott climbed an eight-foot security fence. He stepped onto the tarmac at Denver International Airport. A Frontier Airlines plane was rolling down runway 17L. It hit him. The engine caught fire.

That’s the short version. The reality for the 231 passengers on flight 4345 was a chaotic mix of smoke, trauma, and a sudden, violent stop. Now, they are looking for money. Attorneys have filed a notice of possible lawsuit against the city of Denver. They want more than $10 million.

The claim is simple: the airport failed to keep Mott out. It failed to stop the plane.

The collision happened Friday evening. Mott, 41, was identified as the man struck and killed. The impact caused the engine to ignite and fill the Airbus A321 with smoke. Five passengers went to the hospital. Several others reported minor injuries. Eight are listed in court documents as sustaining specific physical and mental injuries during the evacuation.

Joe LoRusso, director of the Ramos Law Aviation Division, says this wasn't just bad luck. He calls it one of the most preventable aviation incidents in recent times.

“I cannot think of anything, either as a pilot or as an attorney, where I have seen this type of breach happen,” LoRusso told FOX31.

LoRusso and the DJC firm filed the legal notice under the Colorado Governmental Immunity Act. They are targeting the city and county of Denver. They are not targeting Frontier’s pilots or crew. The pilots aborted takeoff at 127 knots. That speed matters. It means occupants endured significant trauma depending on where they sat and how close they were to the burning engine.

The lawsuit alleges failures in design, maintenance, monitoring, and operation of the airport’s perimeter security. It claims staff did not notify air traffic control quickly enough. They didn't halt activity on the runway after the fence was breached.

“They have a duty to shut the airport down,” LoRusso said.

Think about that. An airport is a massive, expensive machine. It costs millions to maintain. It employs thousands. When a man climbs a fence and gets hit by a jet, the system is supposed to catch it. The notice claims it didn't.

Phil Harding, a legal expert who handles similar safety claims, warns that the city has an out. If the court decides the city’s maintenance was "reasonable," the case dies. It’s a high bar. But the plaintiffs are betting the fence wasn't enough. They are betting the response was too slow.

As the FAA and TSA continue their investigation, the attorneys are demanding evidence be preserved. Surveillance video. Dispatch recordings. They need proof of exactly when that fence was breached and how long it took for controllers to hit the brakes.

The notice lists eight passengers by name. Others could join the complaint soon. The total cost could easily climb. For Delta County, that’s a lot of road maintenance. For the folks in the valley watching the news, it raises a question about how secure our own airports really are.

The city of Denver has until the end of the year to respond to the notice. That’s when the real fight begins.