Pax gets $1.25 million for Delta bad landing!
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Pax gets $1.25 million for Delta bad landing!
Delta passenger wins $1.25 mln for landing trauma
BILLINGS, Mont., Aug 23 (Reuters) - A Montana woman who suffered emotional trauma during an emergency landing aboard a Delta Air Lines jet has been awarded $1.25 million in damages by a jury which concluded her ordeal resulted in physical injury, her lawyer said on Thursday.
Kathy Weaver, 44, was awarded the damages on Wednesday after fellow passengers testified they believed they were all going to die when their MD-11 jet made an emergency landing at a military base near Dayton, Ohio, in 1996. Atlanta-based Delta Air Lines Inc. (NYSE
AL - news) said it would appeal.
"This jury had an opportunity to listen to the evidence and concluded that Kathy had suffered greatly,'' attorney Randy Bishop told Reuters. "They were trying to get the message to Delta that they should stop disrespecting her and her claim.''
A spokeswoman for Delta said the award went beyond the provisions of the Warsaw Convention on airline liability limiting compensation to instances of physical injury. Bishop, however, argued successfully that the post-traumatic stress disorder his client suffered was in fact a physical injury.
Weaver was aboard a Delta flight from London to Cincinnati on Nov. 7, 1996 when the aircraft began experiencing mechanical problems as it neared its destination. When a passenger asked a flight attendant what was going on, "she kneeled beside me and said 'We're going to die,''' he told the jury.
Bishop said panic then spread throughout the plane. "Grown men and women were crying hysterically .... nearly everybody vomited, the stench of vomit filled the cabin,'' Bishop said. "People were calling home to say their last goodbyes.''
The cockpit crew, battling both mechanical problems which made the aircraft difficult to control and stormy weather, eventually brought the plane down at a military base near Dayton -- where passengers where immediately hustled off the plane and into a nearby hangar because of an approaching tornado.
Following the incident, Weaver said she suffered nightmares and flashbacks, leaving her unable to cope with life. Delta said Weaver's problems were from other causes.
Bishop argued Weaver's long-standing depression left her more susceptible to post-traumatic stress disorder, citing reports from her therapist saying she was unable to work at the same level as before the 1996 incident. The award comes two years after the judge in the case ruled that Weaver was entitled to damages because her terror during the landing led to physical changes within the brain that could be defined as injury.
Delta spokeswoman Cindi Kurczewski said the airline still did not believe the award was justified. "We will appeal the case...we do believe that our crew did an outstanding job in a very difficult situation that day,'' Kurczewski told Reuters.
BILLINGS, Mont., Aug 23 (Reuters) - A Montana woman who suffered emotional trauma during an emergency landing aboard a Delta Air Lines jet has been awarded $1.25 million in damages by a jury which concluded her ordeal resulted in physical injury, her lawyer said on Thursday.
Kathy Weaver, 44, was awarded the damages on Wednesday after fellow passengers testified they believed they were all going to die when their MD-11 jet made an emergency landing at a military base near Dayton, Ohio, in 1996. Atlanta-based Delta Air Lines Inc. (NYSE
AL - news) said it would appeal."This jury had an opportunity to listen to the evidence and concluded that Kathy had suffered greatly,'' attorney Randy Bishop told Reuters. "They were trying to get the message to Delta that they should stop disrespecting her and her claim.''
A spokeswoman for Delta said the award went beyond the provisions of the Warsaw Convention on airline liability limiting compensation to instances of physical injury. Bishop, however, argued successfully that the post-traumatic stress disorder his client suffered was in fact a physical injury.
Weaver was aboard a Delta flight from London to Cincinnati on Nov. 7, 1996 when the aircraft began experiencing mechanical problems as it neared its destination. When a passenger asked a flight attendant what was going on, "she kneeled beside me and said 'We're going to die,''' he told the jury.
Bishop said panic then spread throughout the plane. "Grown men and women were crying hysterically .... nearly everybody vomited, the stench of vomit filled the cabin,'' Bishop said. "People were calling home to say their last goodbyes.''
The cockpit crew, battling both mechanical problems which made the aircraft difficult to control and stormy weather, eventually brought the plane down at a military base near Dayton -- where passengers where immediately hustled off the plane and into a nearby hangar because of an approaching tornado.
Following the incident, Weaver said she suffered nightmares and flashbacks, leaving her unable to cope with life. Delta said Weaver's problems were from other causes.
Bishop argued Weaver's long-standing depression left her more susceptible to post-traumatic stress disorder, citing reports from her therapist saying she was unable to work at the same level as before the 1996 incident. The award comes two years after the judge in the case ruled that Weaver was entitled to damages because her terror during the landing led to physical changes within the brain that could be defined as injury.
Delta spokeswoman Cindi Kurczewski said the airline still did not believe the award was justified. "We will appeal the case...we do believe that our crew did an outstanding job in a very difficult situation that day,'' Kurczewski told Reuters.
SkyGod
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Hmm, they sue if they survive an emergency situation, and the relatives sue if they don't survive it.
Time to clean up the US legal system, right now it is a big joke.
[ 24 August 2001: Message edited by: TowerDog ]
Time to clean up the US legal system, right now it is a big joke.
[ 24 August 2001: Message edited by: TowerDog ]
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Your Honour, That man Farted in the seat next to me so I seek $1.75Million dollars in compensation. I can't sleep at night thinking about how bad that smell was. It was like Percy the devil farted in my face again. Sob Sob!!!
Wake up America, you are driving yourselves into the ground.
Wake up America, you are driving yourselves into the ground.
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Has anybody thought what a stupid and thoughtless remark was made by the Flight Attendant, "were all going to die". Do me favour what was she thinking of?
I agree it does't take much to sue nowadays, but anyone with a modicum of common sense would know what sort of reaction that remark would elicit. I would suggest that the Flight Attendant was partly to blame for the "stress" that this woman is alleged to have had.
I agree it does't take much to sue nowadays, but anyone with a modicum of common sense would know what sort of reaction that remark would elicit. I would suggest that the Flight Attendant was partly to blame for the "stress" that this woman is alleged to have had.
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Interesting to note that “passengers were calling home”. Just what any skipper needs, bad whether, in-flight emergency and the “did-didda-did” noise of mobile phones trying to get a signal ringing in his ears.
This is outrageous and a slap in the face to the crew. This woman owes her life to someone she is suing, let’s hope I never have to save her life.
This is outrageous and a slap in the face to the crew. This woman owes her life to someone she is suing, let’s hope I never have to save her life.
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Rover 2071
>Has anybody thought what a stupid and thoughtless remark was made by the Flight Attendant, "were all going to die". Do me favour what was she thinking of?<
Do us a favour, do you really believe a Flight Attendant actually said that. Just because the passenger said so .......? Please!
We all keep saying "only in America" but we here in UK are rapidly catching up. We seem to love to import all that is crap from the USA but very little of their good practices. e.g. jump seat riding policy to name but one.
>Has anybody thought what a stupid and thoughtless remark was made by the Flight Attendant, "were all going to die". Do me favour what was she thinking of?<
Do us a favour, do you really believe a Flight Attendant actually said that. Just because the passenger said so .......? Please!
We all keep saying "only in America" but we here in UK are rapidly catching up. We seem to love to import all that is crap from the USA but very little of their good practices. e.g. jump seat riding policy to name but one.
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Glad you posted her name.
The airline got off easy, if she thinks that Delta's emergency landing was bad, wait until she ride through one of my normal landings.......
I think it was a Brit by the name of William Shakespear who first penned:
"The first thing we do, kill all of the Lawyers."
"I really like a bottle cold beer. It doesn't get a restaining order when you grab it by the neck, and it doesn't cost $500,000 dollars to get rid of......"
The airline got off easy, if she thinks that Delta's emergency landing was bad, wait until she ride through one of my normal landings.......
I think it was a Brit by the name of William Shakespear who first penned:
"The first thing we do, kill all of the Lawyers."
"I really like a bottle cold beer. It doesn't get a restaining order when you grab it by the neck, and it doesn't cost $500,000 dollars to get rid of......"
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Bloody hell, I've just fell off me chair in amazement reading this and done my back in ! Danny, I reckon that's at least a quarter of a mill pprune owes me ! Or would you like to settle out of court...
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What an absolute load of w4nk!
Please could an american in the room stand up and justify why there are so many bl00dy wierdos in your country!
When I saw the topic subject, I thought that it was atleast going to be something of substance like 'an attendant spilt some coffee on her hand!' You could imagine the scene as it was anyway, all 'prayin to Jesus, saying their Hallejujahs' and all that tosh as well!
Please could an american in the room stand up and justify why there are so many bl00dy wierdos in your country!
When I saw the topic subject, I thought that it was atleast going to be something of substance like 'an attendant spilt some coffee on her hand!' You could imagine the scene as it was anyway, all 'prayin to Jesus, saying their Hallejujahs' and all that tosh as well!
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I take some of that back - after all us Brits have been exposed to the 'Declan Swan' syndrome, and that annoying ugly bloke with the meaty head and the patronising voice from 'Baines and Ernst!'
I hate ambulance chasers!
I hate ambulance chasers!
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Please remember it was a jury of her peers....
I did however enjoy the comment by one self-deprecating driver inviting our Ms Weaver to experience one of his regular landings...I'll fly with him anytime.
I did however enjoy the comment by one self-deprecating driver inviting our Ms Weaver to experience one of his regular landings...I'll fly with him anytime.
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Which then reminded me of that well-known...oh alright ...not so well known rock band from Newcastle, Australia called the "Pork Hunts" (aka Delta) who had to change their name to the "Porkers" (aka the lawyers)...mind you the Pork Hunts never made 1.25m..but such is the life of a rock and roller.
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What a case. J..us! What next? If, I were the pilot, I'd sue the pax for the post traumatic stress she caused him,if any, by making a claim on his expertise. All I can say, give me a freighter any day! Pigs, cattle and the rest, don't make court cases!
Happiness is an MD11 full of flowers!
Happiness is an MD11 full of flowers!