An Aurora man is suing Denver International Airport after he fell and smashed his face into the airport floor last year, causing a serious brain injury, according to court records.
Jerry Malcolm landed at DIA on Aug. 5, 2025, picked up his luggage from baggage claim and headed for the exit. On his way out, the wheels on Malcolm’s suitcase hit a wide, unmarked gap in the floor, causing him to trip and fall, the lawsuit filed Monday in Denver County District Court alleges.
Malcolm injured his head, neck and face in the fall, and was diagnosed with encephalomalacia, the loss or destruction of brain tissue, according to the lawsuit.
Airport officials also failed to remedy the safety issue after Malcolm’s injury, according to the lawsuit. The airport did not assign staff to periodically inspect the area or warn pedestrians of the gap, the lawsuit stated.
The gap was caused by a lack of grout, improper installation, improper maintenance or unrepaired damages that the airport should have known about, according to the lawsuit.
Denver International Airport did not immediately respond to requests for comment on Tuesday.
Both the airport and its subcontractors are accused of negligence in the lawsuit, though the names of the companies that helped manufacture and install the floor are unknown. The lawsuit refers to those companies as “John Doe and Jane Doe Corporations.”
The lawsuit will be amended once city officials reveal the contractors, according to the document.
“At the time of the incident, the unmarked hole on the ground constituted a danger and an unreasonable risk of injury, damages, and loss” to airport visitors, the lawsuit stated.
This is a developing story and may be updated.
