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Woman Sues JetBlue Over Size Of Sick Sack  
User currently offlineRichierich From United States of America, joined Nov 2000, 4233 posts, RR: 6
Posted (7 years 5 months 2 weeks 1 day 2 hours ago) and read 14583 times:

I looked for a similar thread but didn't see one...

http://www.nypost.com/seven/01312007...rian_and_tatiana_deligiannakis.htm

This sounds like a bunch of crap to me. I'm sure there is a second side to this story! I hope JetBlue fights this tooth and nail (even though they'll probably end up settling out of court...)


None shall pass!!!!
72 replies: All unread, showing first 25:
 
User currently offlineAirTran737 From United States of America, joined Apr 2004, 3702 posts, RR: 12
Reply 1, posted (7 years 5 months 2 weeks 1 day 2 hours ago) and read 14547 times:
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What a jerkoff. This skank deserves two things from jetBlue, jack and shit.


filler



Nice Trip Report!!! Great Pics, thanks for posting!!!! B747Forever
User currently offlineJetBluefan1 From United States of America, joined Dec 2003, 2968 posts, RR: 14
Reply 2, posted (7 years 5 months 2 weeks 1 day 2 hours ago) and read 14533 times:

Talk about a pointless case. And $5M? Ridiculous.

JetBluefan1



Most people on a.net hate JetBlue. Get used to it.
User currently offlineRichierich From United States of America, joined Nov 2000, 4233 posts, RR: 6
Reply 3, posted (7 years 5 months 2 weeks 1 day 2 hours ago) and read 14514 times:

Quoting JetBluefan1 (Reply 2):
Talk about a pointless case. And $5M? Ridiculous.

Maybe the judge will throw this crap out? Probably not though....



None shall pass!!!!
User currently offlineDTWAGENT From United States of America, joined Jan 2006, 1283 posts, RR: 0
Reply 4, posted (7 years 5 months 2 weeks 1 day 2 hours ago) and read 14521 times:

Oh Boy whats next.....This is getting to be crazy.

Chuck


User currently offlineDurangoMac From United States of America, joined Dec 2006, 691 posts, RR: 0
Reply 5, posted (7 years 5 months 2 weeks 1 day 2 hours ago) and read 14495 times:

I would have done the same thing.

I don't think that anybody around this lady would have not been mortified to be next to her during the flight and second because I do know what it's like to clean a plane and one with vomit, it's not fun.


User currently offlineDTW757 From United States of America, joined Oct 2003, 1552 posts, RR: 4
Reply 6, posted (7 years 5 months 2 weeks 1 day 2 hours ago) and read 14500 times:

I don't see where it says she is suing over the size of the sick sack, she was thrown off the flight after asking for a sack in case she became ill. Two different things really.


721,2,732,3,4,5,G,8,9,741,2,3,4,752,3,762,3,4,772,3,788,D93,5,M80,D10,M11,L10,100,AB6,319,20,21,332,3,388,146,CR2,7,ERJ,
User currently offlineGigneil From United States of America, joined Nov 2002, 16347 posts, RR: 85
Reply 7, posted (7 years 5 months 2 weeks 1 day 2 hours ago) and read 14476 times:

Actually reading the article, I fully side with her.

Whether the article is correct or not, I am unsure.

I am fairly sure none of you above read the article. The woman was deboarded because she was feeling a little sick to her stomach and wanted to be prepared.

NS


User currently offlineAustralia1 From , joined Dec 1969, posts, RR:
Reply 8, posted (7 years 5 months 2 weeks 1 day 2 hours ago) and read 14459 times:

the American legal system is such a joke. The sooner the sepos take Shakespeare's advice & start shooting all the lawyers, the better off the U.S. will be !!!

What do lawyers do anyway, apart from making work for other lawyers, who in turn make work for other lawyers.


User currently offlineEvilForce From , joined Dec 1969, posts, RR:
Reply 9, posted (7 years 5 months 2 weeks 1 day 1 hour ago) and read 14406 times:

Quoting Australia1 (Reply 9):
the American legal system is such a joke. The sooner the sepos take Shakespeare's advice & start shooting all the lawyers, the better off the U.S. will be !!!

Amen. The US needs to switch over to a system where the loser pays the winners legal fees. This would cut lawsuits by 50% or more overnight.

B.S. lawsuits like this old hag are bringing would be a thing of the past.


User currently offlineIkramerica From United States of America, joined May 2005, 21458 posts, RR: 60
Reply 10, posted (7 years 5 months 2 weeks 1 day 1 hour ago) and read 14392 times:

Quoting DTW757 (Reply 7):
I don't see where it says she is suing over the size of the sick sack, she was thrown off the flight after asking for a sack in case she became ill. Two different things really.

Though it's rarely done, for the safety of the passengers, you can be denied boarding if you are sick. You don't have a right to infect others, though most people don't think about such mundane things as their illness causing hundreds of others to lose days from work since they decided to spread it to them in an enclosed incubator for 3 hours...



Of all the things to worry about... the Wookie has no pants.
User currently offlineLAXdude1023 From India, joined Sep 2006, 7481 posts, RR: 25
Reply 11, posted (7 years 5 months 2 weeks 1 day 1 hour ago) and read 14368 times:

Wow, Im not sure how I feel about this one. I hate being around sick people, but Im not sure if they should have denied her boarding. Honestly if people have a stomach bug or a stomach virus, they should never be flying. But Im really not sure what the right decision is.

Quoting EvilForce (Reply 10):
The US needs to switch over to a system where the loser pays the winners legal fees. This would cut lawsuits by 50% or more overnight.

I am actually in total agreement with this. The settlement shes asking for is crazy.



Stewed...Lewd...Crude...Irreverent...Belligerent
User currently offlineBrenintw From Taiwan, joined Jul 2006, 1592 posts, RR: 1
Reply 12, posted (7 years 5 months 2 weeks 1 day 1 hour ago) and read 14334 times:

Quoting Gigneil (Reply 8):
The woman was deboarded because she was feeling a little sick to her stomach and wanted to be prepared.

She was deboarded because she told them she had "food poisoning" -- which could have been caused by any number of pathogens, some of which are potentially fatal. In this case, I tend to agree with the airline -- if someone suspects they have some kind of pathogenic "poisoning" they should not be on the flight.



I'm tired of the A vs. B sniping. Neither make planes that shed wings randomly!
User currently offlinePygmalion From United States of America, joined Jun 2006, 966 posts, RR: 38
Reply 13, posted (7 years 5 months 2 weeks 1 day 1 hour ago) and read 14317 times:

If, during boarding, a pax goes to an FA and says...

"I am going to be throwing up the whole flight. I will need a really big barf bag. I feel really ill but I want to sit next to all those nice people and repeatedly hurl into this sack. But I need a bigger sack."

What FA would not politely ask the pax to deplane and take another flight after they feel better. If I was the airline I would let them reschedule at no cost for a later flight... after they were feeling better. Just good business.

Don't we keep very, very, very pregnant people off airplanes too? and they won't infect anyone.


User currently offlineStyle From United Kingdom, joined Aug 2006, 263 posts, RR: 0
Reply 14, posted (7 years 5 months 2 weeks 1 day 1 hour ago) and read 14285 times:

Lets not forget this story is being reported by the NY Post wich is one step above the National Enquirer.

After reading many stories on the NY Post and actually getting the facts later on I realized that anything they say should be taken with a grain of salt.


User currently offlineNecigrad From United States of America, joined Sep 2001, 183 posts, RR: 0
Reply 15, posted (7 years 5 months 2 weeks 1 day 1 hour ago) and read 14211 times:

The ACAA dictates how to handle this situation. she should have been asked for a physicians statement that she was safe to fly, or be deplaned. How does she know it's food poinsning? That's an assumption unless it was diagnosed.

User currently offlineMetroliner From United Kingdom, joined Jan 2007, 1067 posts, RR: 1
Reply 16, posted (7 years 5 months 2 weeks 1 day 1 hour ago) and read 14131 times:

Quoting Ikramerica (Reply 11):
Though it's rarely done, for the safety of the passengers, you can be denied boarding if you are sick.

this makes perfect sense to me! why allow a passenger to board who could compromise the health and safety of the others on the plane?

i think she deserves a kick in the arse!



Set the controls for the heart of the Sun
User currently offlineIkramerica From United States of America, joined May 2005, 21458 posts, RR: 60
Reply 17, posted (7 years 5 months 2 weeks 1 day 1 hour ago) and read 14131 times:

Quoting Brenintw (Reply 13):
In this case, I tend to agree with the airline -- if someone suspects they have some kind of pathogenic "poisoning" they should not be on the flight.

For one thing, if she becomes deathly ill in flight, who's going to take care of her? At that age, she might die. Food poisoning routinely kills the very young and the elderly...

If nothing else, it would cause a costly diversion.

Quoting Necigrad (Reply 16):
How does she know it's food poinsning? That's an assumption unless it was diagnosed.

She doesn't. She could have a flesh eating bacteria, a deadly flu virus, or any other various contagious diseases that cause nausea.

Quoting Style (Reply 15):
Lets not forget this story is being reported by the NY Post wich is one step above the National Enquirer.

I think you have that backward. The Enquirer is sometimes 100% right! The Post is never, ever 100% right about anything...  Wink



Of all the things to worry about... the Wookie has no pants.
User currently offlineFreakyDeaky From United States of America, joined Nov 2005, 128 posts, RR: 3
Reply 18, posted (7 years 5 months 2 weeks 1 day 1 hour ago) and read 14091 times:

Quoting AirTran737 (Reply 1):

Agreed. Buh-bye.



"Finish each day and be done with it. You have done what you could."
User currently offlineDSMflyer From United States of America, joined Jan 2006, 402 posts, RR: 0
Reply 19, posted (7 years 5 months 2 weeks 1 day 1 hour ago) and read 14092 times:

Quote:
Plaintiff felt as though she had been accused of being a terrorist...

Come on, are you kidding me? Talk about drama queen. Still, like Style said above, this is the NY Post we're talking about (if people even bothered to read the article). I'd like to read something from another news source before I pull out my "jump to conclusions" mat.


User currently offlineMaidensGator From United States of America, joined Jan 2007, 945 posts, RR: 0
Reply 20, posted (7 years 5 months 2 weeks 1 day ago) and read 13996 times:

Quoting Australia1 (Reply 9):
The sooner the sepos take Shakespeare's advice & start shooting all the lawyers, the better off the U.S. will be !!!

It's obvious you don't know the context of Shakespeare's statement...

Lawyers are like cops; nobody likes them until they need one.... and then they want one in a big hurry...



The first thing we do, let's kill all the lawyers.
User currently offlineLincoln From United States of America, joined Nov 2004, 3887 posts, RR: 8
Reply 21, posted (7 years 5 months 2 weeks 1 day ago) and read 13886 times:

Quoting Australia1 (Reply 9):
Shakespeare's advice & start shooting all the lawyers, the better off the U.S. will be !!

Uhh... That qoute was a reference as the surest way of ending civilization, not fixing it. (Or at least every English teacher I've ever had has said. I've never really been motivated to verify the fact)

Quoting EvilForce (Reply 10):
The US needs to switch over to a system where the loser pays the winners legal fees. This would cut lawsuits by 50% or more overnight.

In many cases legal fees are awarded to the prevailing party. If fees were automatically awarded, it would have a chilling effect on the justice system because in addition to discouraging friviolus lawsuits (like this one appears to be) it would also discourage people from persuing legitimate disputes for fear of the financial reprocutions. If there is a genuine fact of law at dispute, I feel both parties should be taxed their own costs. This then, though, becomes a very grey area and the law doesn't do grey all that well.

Though I will note that I suspect the venue is improper persuant to the Airline Deregulation Act; and most airlines contracts of carriage give them carte blanche to refuse transportation to those suspected of posing a hazard to other passengers.

Pauses... Googles. Finds. Jet Blue's contract of Carriage (http://www.jetblue.com/p/jetblue_coc.pdf) rule 24 ("Refusal to Transport")

Quote:
The following passengers will be refused transportation on Carrier:

(B) Passengers whose transportation on Carrier is reasonably deemed by Carrier to be inadvisable or inappropropriate due to special cicrumstances or concerns beyond the control of Carrier.

(F) Comfort and Safety -- In the following categories where refusal or removal may be necessary for the comfort or safety of the Passenger(s) or other passengers:
(5) Persons who are known to have a contagious disease
(7) Persons who have an offensive odor...
(10) Persons who have misrepresented a condition which becomes evident upon arrival at the airport and the condition is unacceptable for passage

Oh and finally, who can miss the ALL CAPS part of paragraph G:

Quote:
UNDER NO CIRCUMSTANCES WILL CARRIER BE LIABLE TO ANY PASSENGER OR REFUSED PASSENGER FOR ANY TYPR OF INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES

So she may get whatever it cost to get her home, but there's no way she's getting $5m -- it's in the contract she agreed to.

Lincoln
(Continues to not be a lawyer)



CO Is My Airline of Choice || Baggage Claim is an airline's last chance to disappoint a customer || Next flts in profile
User currently offlineFunflyer From United States of America, joined Aug 2003, 866 posts, RR: 0
Reply 22, posted (7 years 5 months 2 weeks 1 day ago) and read 13829 times:

Quoting Gigneil (Reply 8):
Actually reading the article, I fully side with her.

I am inclined to agree. I would be a little upset id that had happened to me.

Quoting Australia1 (Reply 9):
the American legal system is such a joke. The sooner the sepos take Shakespeare's advice & start shooting all the lawyers, the better off the U.S. will be !!!

Although some lawyer's are well, less than respectable, I do know a select few that are good honest people, who just need to make a living.

Quoting Style (Reply 15):
Lets not forget this story is being reported by the NY Post wich is one step above the National Enquirer

True, but according to The MIB it is the only paper with the "REAL" stories!



Who cares about status?
User currently offlineABQopsHP From United States of America, joined May 2006, 848 posts, RR: 3
Reply 23, posted (7 years 5 months 2 weeks 23 hours ago) and read 13722 times:

What drama! The article makes it sound like the crew took her by the scruff of the neck and threw her into the jetway. What moron, knowing full well that they are sick, puts themselves in an enclosed environment, with people all around, and expects them to be catered to. So much for common sense and self accountability.


A line is evidence that other people exist.
User currently offlineAa757first From United States of America, joined Aug 2003, 3347 posts, RR: 8
Reply 24, posted (7 years 5 months 2 weeks 23 hours ago) and read 13622 times:

Quoting Pygmalion (Reply 14):

Don't we keep very, very, very pregnant people off airplanes too? and they won't infect anyone.

Yes, because we are concerned they are going to go into labor mid-air.

Quoting Ikramerica (Reply 18):

She doesn't. She could have a flesh eating bacteria, a deadly flu virus, or any other various contagious diseases that cause nausea.

Or maybe she had a bad sandwich.

Quoting Lincoln (Reply 22):

(5) Persons who are known to have a contagious disease

I see the word "known" there. She wasn't "known" to have anything. She, whom I assume is a medical layperson, suspected she had food poisoning.

Quoting Lincoln (Reply 22):

(7) Persons who have an offensive odor...

She didn't have an offensive odor at that time, at least the article doesn't say she did.

AAndrew


25 S5FA170 : That alone makes up for the fact it was not "known" whether or not she had a contagious disease. I had a little girl once screaming in pain on descen
26 MaidensGator : In my state, prevailing party attorneys' fees are only awarded if there is a basis in either a statute or a contract. Many times, if it was not for t
27 EvilForce : Exactly! That's what it's supposed to do so that only legitimate legal issues are brought rather than all this frivolous b.s. with lawyers on conting
28 Timo007 : I was denied boarding in Paris because I was sick. I had a 102 temperature, and was okay with it, as I didn't want to make others sick, and didn't wan
29 Ikramerica : And what was on that sandwich? Assume for a second that it was a contaminated sandwich. Usually, when you throw up, you do it in a toilet, in your be
30 DTW757 : I'm not saying anything about the right to board an aircraft when you are sick. The topic makes it look like she is suing over the physical size of t
31 OzarkD9S : "We find in favor of the plaintiff, and award her $1."
32 Post contains images Loalq : And if it was already diagnosed (and this is a pretty difficult thing to diagnose) how come she was not already walking around with a sick bag??? Tel
33 VEEREF : If this woman gets awarded even $1 more than what she paid for the ticket for this I totally give up on this country.
34 Post contains images MBJ2000 : I can imagine worse things, such as very very pregnant woman barfing on you and at the same time ...snakes on the plane! [Edited 2007-02-01 14:52:40]
35 Checksixx : Wow...well had you been the 'decision maker' in this case, you could be in for one heck of a rude awakening. Lets just say for a moment, you as the c
36 DTW757 : Watch what you say about that lawsuit. We had a HUGE discussion/arguement about that McDonalds lawsuit in another airline related lawsuit thread. The
37 Richierich : You are correct... the NY Post article does not say anything about the size of the barf bag. I was reading a different article - let me see if I can
38 SpencerII : I see nothing wrong with it, I denied boarding to a lady one time over lice in her hair, and immediatley called the health office in the airport, ot w
39 CX Flyboy : At my airline whenever there is a case where a passengers health is in question and as a result we need to clarify their suitability to fly, we get th
40 BN727 : I'll bet she had on of those 29-89 dollar fares. What a witch.
41 ArcrftLvr : So, she is owed $5m? Explain to me why she is owed $5m, especially if this bag of meat agreed to the stipulations of the contract of carriage? The ai
42 Wingnut767 : Could not agree with you more. Almost all of our politicians are lawyers also so you know that there would never be any changes. Yet most of the Shee
43 Post contains images Rampart : One whole step, huh? Not just fractions? I, too, wait for a more complete story before making an opinion. -Rampart
44 Post contains images Loalq : Sorry, really wouldn't want this to happen again... On the other hand, how would she react if, after telling the FO she was sick, she was asked to si
45 Post contains images Lowecur : Must have been the Blue Chips.
46 Post contains images EvilForce : Nah, I think she was knocking on death's door. Apparently death didn't like this money grubber either.
47 Post contains images S5FA170 : At my airline when we serve coffee or hot tea, we are supposed to verbally warn the passenger to "Be careful! This is hot!" because the cup doesn't s
48 Airfoilsguy : Does the whole plane load of passengers have to wait for the doctor to arrive and examine her before it is allowed to leave? I say let the case go to
49 ArcrftLvr : That's an outstanding idea!! This would probably reduce the number of frivilous lawsuits if there were consequences for filing suit demanding exorbit
50 Flybyguy : The problem with such an arrangement is that anyone with a great deal of money to hire an army of lawyers can pretty much bully legitimate cases out
51 GeorgiaAME : It would be funny if it were. Lawyers are the high priests of American society, (and we physicians are their handmaids). But be that as it may, shoul
52 EvilForce : That's so naive it's almost cute. A case without merit, or borderline frivolous can set you back $ 250,000 or $ 500,000 just to get to a point where
53 Post contains images Plunaaircanada : North America is Sueland puac
54 Post contains images Ikramerica : I am not a fan of suing each time you get looked at wrong, but I get annoyed when people comment on the coffee case without knowing the facts of it.
55 YULWinterSkies : I think B6 was right to not let her board, however, diplomacy should have been used. Indeed, for her personal convenience (ie not flying sick), she sh
56 AirframeAS : Dont they do this already?
57 Maverick623 : Yes and no. A lawsuit can be filed for damages plus legal fees, and a countersuit can be filed also seeking legal fees. It's not automatic.
58 EvilForce : Not really. Our system is based on each side paying their respective fees. The other issue is when a minion nobody is using a lawyer on contingency t
59 Airfoilsguy : I had to read about this case for collage. I read all the transcripts from beginning to end and I think that the case was frivolous.
60 DrExotica : Jeez. This reminds me of a flight I took from Boston to DC a few years back when returning from India. While we were sitting on the hot summer tarmac
61 Malaysia : I was sick with a contagious disease once and I even admitted it at the counter to be fair, the Airline just made me sign some sort of waiver to notif
62 Aa757first : I'm saying she was not "known to have a contagious disease." Known to have a disease would mean a physician assessed and diagnosed her with an illnes
63 Peteg913 : What an idiot. Just use whats in the seat back!
64 Richierich : I'm sorry, but I disagree completely here. The plaintiff in this case knew that she was buying HOT coffee. McDonald's didn't spill it on her, she did
65 Richierich : The article doesn't say, but I would assume that she was given free passage on a later flight. The fact that she flew a different airline home was pr
66 Cincinnati747 : What a stupid ass. She'll NEVER get that 5 million
67 Loalq : Very well said Richierich...if you fall down while running with scissors would you sue the scissors maker? No point to it... I have already witnessed
68 MEACEDAR : I have 2 words for the 73 year old dipstick: YOU'RE RETARDED!!!!
69 ABQopsHP : That McD mess is still a sore subject to many in ABQ, since thats where it happened. The woman was totally in the wrong because she removed the lid of
70 Socalfive : I'm with Both you guys. You can get sued over the dumbest-ass crap because these parasites write the laws and make the provisions to increase their o
71 CX flyboy : The aircraft will wait till the scheduled departure time and if the pax was not back by then, we leave. If that passenger is declared fit to fly then
72 ADXMatt : People don't realize that the altitude in the cabin can and does make alot of illnesses worse. The number of Medlink calls we get from passengers gett
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