Case details
Plane’s passenger claimed he was assaulted for using restrooms
SUMMARY
$8500000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
dislocation, emotional distress, mental, psychological, shoulder
FACTS
On May 29, 2015, plaintiff Atef Bandary, was a passenger of a commercial airplane that was traveling to Salt Lake City, from Atlanta. Bandary, who suffers a gastrointestinal disorder, repeatedly left his seat to use the airplane’s restrooms. Passengers noticed Bandary’s activity and complained. Sometime thereafter, while Bandary was on line waiting to use one of the restrooms, he was confronted by the airplane’s lead flight attendant. The attendant addressed Bandary by name, removed him from the line, and ordered him to return to his seat for the remainder of the flight. Bandary protested. He was removed to the rear of the airplane, where he fell. Four flight attendants and one off-duty law-enforcement officer restrained Bandary. During that process, Bandary’s pants fell to the floor. Bandary was handcuffed by the law-enforcement officer. When the flight reached its destination, he was escorted off of the airplane. Bandary claimed that he suffered emotional distress as a result of the episode, and he also claimed that he suffered of a shoulder and his wrists. Bandary sued the airline’s operator, Delta Airlines Inc. The lawsuit alleged that Bandary was assaulted and battered, that he was subjected to intentional infliction of emotional distress, and that Delta Airlines was vicariously liable for the actions of the airplane’s crew. The lawsuit further alleged that Delta Airlines was negligent in its training of the crew. Bandary claimed that he was initially denied food and water he had requested so he could consume prescribed medication that addressed his gastrointestinal disorder. He claimed that he resultantly had to consume the medication without food or water and consequently developed diarrhea that persisted throughout the flight and necessitated his repeated use of the restrooms. He claimed that, when he complained, he was given a sandwich and a free bottle of wine. He further claimed that he was thereafter permitted to purchase and consume four more bottles of wine and consequently developed a greater need to visit the restrooms. Bandary further claimed that he was roughly handled by flight attendants after having been removed to the rear of the airplane. He claimed that he was handcuffed so tightly that his wrists bled, and he also claimed that his left shoulder was tugged and injured. He also claimed that his genitals were exposed when his pants fell, and he further claimed that, because he was denied use of the restrooms, he soiled himself. Defense counsel contended that the flight’s crew had reasonable suspicion to have Bandary detained, given the complaints by other passengers., Bandary claimed that he suffered dislocation of his left shoulder, that he suffered abrasions of his wrists, and that his genitals were exposed. After the flight had reached its destination, Bandary was transported to a hospital. His wrists were bandaged, and underwent a psychological evaluation. Bandary claimed that he suffers residual emotional distress. He claimed that he sometimes relives the airplane episode in his sleep. Bandary sought recovery of damages for past and future emotional and physical pain and suffering.
COURT
United States District Court, Central District, Riverside, CA
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INJURIES:
- anxiety
- brain
- brain damage
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- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
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- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
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