Only in America (hopefully)...
Another airline alcohol story:
Man sues airline after falling down escalator after drinking on flight
By KRISTEN ZAMBO,
[email protected]
March 31, 2004
A West Virginia man is suing an airline company, alleging it didn't notify him that drinking alcohol at night might adversely affect passengers before he fell down an escalator at Southwest Florida International Airport.
Floyd W. Shuler, 61, filed the lawsuit against Virginia-based US Airways Inc. in circuit court in Fort Myers. Shuler, who has lived part-time on Marco Island, said in the suit that US Airways was negligent by failing to warn him the effects of alcohol are greater at night on airline passengers, and that the company did not properly maintain the escalator at the airport when he fell down while using it on Aug. 28, 1999.
"US Airways failed to warn (Shuler) and its other passengers of the increased effect that consumption of alcoholic beverages has on airline passengers who consume alcoholic beverages while in flight and while flying at night," according to the lawsuit, which was obtained Tuesday.
Messages were left Tuesday for Shuler's attorney, Paul L. Kutcher, but he could not be reached for comment. Shuler also could not be reached for comment. It could not be determined whether Shuler still resides on Marco Island on a seasonal basis.
Amy Kudwa, a spokeswoman for US Airways, declined to comment.
The airline serves California red, white and sparkling wines, beer, brandy, gin, rum, vodka, whiskey and selected cordials to passengers after 10 a.m. each day. Beer, wine and other alcoholic beverages cost $4 each on North American and Caribbean flights in coach class, and are complimentary in first class, according to the company's in-flight beverage service policy.
The suit seeks damages in excess of $15,000.
"After (Shuler) stepped onto the 'down' escalator ... the escalator unexpectedly and suddenly stopped. (Shuler) stepped onto the escalator ... with the expectation that (the) escalator was in operation," according to the suit. "(Shuler) lost his balance and fell near the top of the escalator and his body violently tumbled down the stopped escalator, until his body came to rest on the ground floor."
Shuler also filed a lawsuit against the Lee County Port Authority, which controls the airport, in July 2003. However, court records show Shuler voluntarily dismissed his lawsuit Friday, March 26, the same day he filed suit against US Airways.
http://www1.naplesnews.com/npdn/boni...770841,00.html