Case details

Airline denied responsibility for fight on plane

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On March 9, 2016, plaintiffs Tykisha Diodato, 39, an employee at an investment firm, Lisa Zampella, 38, an owner of a cleaning business, and Danielle Fonda-Thomas, 31, a dental assistant, all from Delaware, were on a Spirit Airlines flight from Baltimore to Los Angeles International Airport when a few female passengers sitting near them allegedly became inebriated and started to exhibit aggressive behavior. Diodato, Zampella and Fonda-Thomas claimed that when the flight landed at LAX, the other female passengers began shouting offensive and racist remarks at them and started a violent fight. Other passengers filmed the end of the incident, when all of the women were slapping and grabbing each other over the back of the seats in the plane cabin. Diodato, Zampella and Fonda-Thomas were ultimately escorted off the plane with the other women. Federal authorities then investigated the incident, and charged the main aggressor with both assault and indecent exposure for allegedly exposing her breasts on the plane. The attacker was subsequently convicted of the assault. Diodato, Zampella and Fonda-Thomas sued Spirit Airlines Inc. Diodato, Zampella and Fonda-Thomas claimed that the other female passengers played loud music from a Bluetooth speaker for hours, sang loudly, and stood and danced in the cabin. They also claimed that Spirit flight attendants continued to serve the other female passengers alcohol, despite the passengers appearing to be inebriated and that when Fonda-Thomas informed the subject female passengers that their language was inappropriate in front of children, one of the drunken female passengers turned around and began assaulting her. Diodato, Zampella and Fonda-Thomas further claimed that after another of the other female passengers began attacking Fonda-Thomas, Diodato and Zampella came to her defense. Plaintiffs’ counsel argued that Spirit Airlines was liable for its flight attendants’ negligence in serving the other female passengers excessive amounts of alcohol, and in failing to monitor or control the inebriated female passengers. Counsel also argued that the flight attendants had an obligation to de-escalate the situation in accordance with Spirit’s policies and procedures, but that they failed to do so. Plaintiffs’ counsel further argued that the other female passengers exhibited aggressive behavior, such as playing the music loudly and waving a boom box in the air during the flight, and that those behaviors rendered a physical attack foreseeable. Defense counsel disputed the plaintiffs’ version of the events and argued that Spirit’s flight attendants were not negligent for serving alcohol to the other female passengers. Counsel also argued that since the attack occurred after the plane landed and was preceded by racial statements, the airline was not responsible because it could not have anticipated that an attack would occur., Diodato, Zampella and Fonda-Thomas all claimed that they suffered scratches and bruises, as well as had their hair pulled out. Thus, they claimed they suffered emotional distress as a result of the incident. All three subsequently underwent counseling. Diodato and Fonda-Thomas claimed that they continue to suffer lasting emotional distress and that they would need additional treatment for their respective post-traumatic stress disorders. They also claimed that they now have a fear of flying, fear of public places and fear of being attacked. They further claimed that as a result, they are not as social as they were before the incident. In addition, Diodato, Zampella and Fonda-Thomas claimed that the airline failed to properly investigate the matter after the fact and, as a result, ratified the reckless conduct of the flight attendants. Thus, they sought recovery of punitive damages in addition to their alleged compensatory damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case