AirbusMDCFAN
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Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 6:44 am

Link/Source: https://nypost.com/2018/03/07/man-sues- ... g-airport/


"A man is suing Southwest Airlines after the plane he was on landed at the wrong airport, causing him “mental anguish.”

"The incident occurred in 2014, when Flight 4013 traveling from Chicago to Missouri landed at M. Graham Clark Downtown Airport seven miles from the intended destination of Branson Airport."

"The biggest difference between the two airports is the length of the runways. M. Graham Clark Airport’s longest runway is 3,738 feet, while Branson Airport’s runway is 7,140 feet long, which resulted in an abrupt landing with heavy braking, causing passengers to be tossed around and baggage to fly out of the overhead bins, the Branson Tri-Lakes News reports."

"Troy Haines, who is suing Southwest, claims he now suffers “mental anguish, fear and anxiety” as a result of the plane’s rough landing and is seeking $74,999.99 in damages, the Branson Tri-Lakes News reports."

"According to a petition filed by his attorney, Haines was “immediately struck with fear and anxiety over potentially crashing.” He has since suffered a panic attack that forced him to be removed from another flight before takeoff. Haines was also allegedly forced to find employment at a lower paying job because he could no longer travel for work."

Have the 2 pilots since returned to Southwest or have they gone somewere else
 
gardermoen
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 6:59 am

Only in America.
Enough said...
 
ryan78
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 7:02 am

gardermoen wrote:
Only in America.
Enough said...


Couldn't agree more with you... Why have people become so soft and fragile these days?
 
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Semaex
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 7:11 am

Anybody from the US able to explain the 1 cent less than 75k?
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undertheradar
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 7:15 am

Curiosity got the better of me and just had to click on this thread...Yep! YANKYLAND AGAIN ROFL
 
c933103
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 7:24 am

ryan78 wrote:
gardermoen wrote:
Only in America.
Enough said...


Couldn't agree more with you... Why have people become so soft and fragile these days?

Maybe only in America would passengers tries to sue airlines over this, but I don't think personal mentality sanity of American is really that much different from people from other area.
 
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Runway28L
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 7:29 am

Why not just round up to $75k?

Whether this guy somehow wins his case or not, the amount he's suing for is chump change for the size on an airline like Southwest.

This screams "lolsuit"
Last edited by Runway28L on Thu Mar 08, 2018 7:32 am, edited 1 time in total.
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bw50505
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 7:31 am

Semaex wrote:
Anybody from the US able to explain the 1 cent less than 75k?


I don't have numbers but it sounds like a tax dodge or a way to avoid some sort of legal fee. Article didn't give specifics as to what level court this lawsuit is taking place in.
 
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Runway28L
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 7:36 am

Come to think of it, I believe if a case that involves $75k or more the case must be held in a federal court, which it seems that this case doesn't fall under.

Apologies if this isn't entirely accurate. Just going off of a quick Google search.
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Skyblue39
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 8:23 am

Perhaps a fellow passengers Emotional Support Peacock fell on his head upon landing......
 
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atcsundevil
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 8:30 am

Runway28L wrote:
Come to think of it, I believe if a case that involves $75k or more the case must be held in a federal court, which it seems that this case doesn't fall under.

Apologies if this isn't entirely accurate. Just going off of a quick Google search.

Indeed. Now, as to why the plaintiff thinks they'll find a more sympathetic jury in state versus federal court, I don't know. Why not go full on McDonald's coffee crotch burn and go for the cool million?

I hope Southwest fights this and doesn't settle. Clowns like this make a mockery of legitimate lawsuits. It's a complete joke that our tort system even lends credence to this kind of idiocy.
 
studentdrbev
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 8:50 am

Semaex wrote:
Anybody from the US able to explain the 1 cent less than 75k?


https://youtu.be/s6FkJplgR8c

This video explains it all
 
cedarjet
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 8:58 am

To be fair, his mental anguish may be real. I do wonder what would happen to people like this if they were in a real crisis though
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KLMatSJC
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 9:01 am

Skyblue39 wrote:
Perhaps a fellow passengers Emotional Support Peacock fell on his head upon landing......


I think his guitar was broken upon landing and he was dragged down the stairs instead of the jetway.
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smi0006
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 9:20 am

Lol, if this happened to me I’d want to stay at the same hotel as the crew..... and buy those poor bastards a good couple rounds of stiff drink!

Whilst his mental anguish maybe real, I’d rather see a settlement over his medical and mental health related expenses.
 
c933103
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 9:35 am

atcsundevil wrote:
Runway28L wrote:
Come to think of it, I believe if a case that involves $75k or more the case must be held in a federal court, which it seems that this case doesn't fall under.

Apologies if this isn't entirely accurate. Just going off of a quick Google search.

Indeed. Now, as to why the plaintiff thinks they'll find a more sympathetic jury in state versus federal court, I don't know. Why not go full on McDonald's coffee crotch burn and go for the cool million?

I hope Southwest fights this and doesn't settle. Clowns like this make a mockery of legitimate lawsuits. It's a complete joke that our tort system even lends credence to this kind of idiocy.

Are local courts cheaper/simpler in term of handling procedure than federal courts?
 
Bricktop
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 9:51 am

gardermoen wrote:
Only in America.
Enough said...
Yes, this is pathetic and you can laugh all you want, but American silliness has a way of spreading beyond her borders. And if you tell me there have been no frivolous lawsuits any where else, I will laugh louder. Sign of the times.
 
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Semaex
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 10:18 am

studentdrbev wrote:
Semaex wrote:
Anybody from the US able to explain the 1 cent less than 75k?


https://youtu.be/s6FkJplgR8c

This video explains it all


If this video were the only explanation, then why not settle for 1 cent less than a mil? ;)
There must be a legal issue regarding the 75k. But I guess it's been answered already.

Regards,
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aviatorcraig
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 10:47 am

1st thought: Snowflake
2nd thought: Financial opportunist
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P1aneMad
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 1:24 pm

The moment I saw the thread title I knew it would have been in America!
 
AJCNL
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 1:26 pm

gardermoen wrote:
Only in America.
Enough said...

He should have had his emotional support donkey with him
 
studentdrbev
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 1:33 pm

Semaex wrote:
studentdrbev wrote:
Semaex wrote:
Anybody from the US able to explain the 1 cent less than 75k?


https://youtu.be/s6FkJplgR8c

This video explains it all


If this video were the only explanation, then why not settle for 1 cent less than a mil? ;)
There must be a legal issue regarding the 75k. But I guess it's been answered already.

Regards,


Must be a "reasonable" man :lol:
 
Yossarian22
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 3:06 pm

atcsundevil wrote:
Indeed. Now, as to why the plaintiff thinks they'll find a more sympathetic jury in state versus federal court, I don't know. Why not go full on McDonald's coffee crotch burn and go for the cool million?

I hope Southwest fights this and doesn't settle. Clowns like this make a mockery of legitimate lawsuits. It's a complete joke that our tort system even lends credence to this kind of idiocy.


A little off topic, but the McDonald’s coffee case is tort reforms favorite punching bag.

Fact, the coffee was 180-190 degrees, it was so hot that it gave the plaintive third degree burns on her thighs, spent a few days in the hospital, and three weeks recovering. She initially asked for $2000 to cover medical expenses and McDonald’s refused anything north or $800, so she went to trail. There is no reason for a restaurant to serve coffee at 180 degrees. Civil remedies exist to protect the public from such negligent acts.

That being said, this guy is either looking for Southwest to provide an easy payday or was bamboozled by Saul Goodman.
 
RDUDDJI
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 3:17 pm

Bricktop wrote:
gardermoen wrote:
Only in America.
Enough said...
Yes, this is pathetic and you can laugh all you want, but American silliness has a way of spreading beyond her borders. And if you tell me there have been no frivolous lawsuits any where else, I will laugh louder. Sign of the times.


Definitely true. I work for a European company who used to laugh at all the lawsuits we've faced in the US. We've had to add all kinds of idiot proof stickers and documentation for our products specifically for the US market. Now the same thing is happening in Europe. The lawsuits aren't quite as frivolous (yet), but certainly increasing.

Some of the stuff here is ridiculous. A lawyer friend told one of my other friends not to put a "Beware of Dog" sign on his fence. He said if the dog were to bite someone, you're showing that you *knew* the dog was a problem...and you could open yourself up to greater damages.
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GE90man
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 3:53 pm

I literally have no words. Welcome to America.
 
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Mortyman
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 4:04 pm

Too many laywers in the US ... They got to make a living too ;-) :-)
 
FlyingLaw1
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 4:35 pm

Aviation Attorney Here...

I have no knowledge of the case nor have I read the petition... But I would assume the $74,999.99 is to get around the "amount in controversy" amount for diversity jurisdiction. Diversity Jurisdiction is a way that a case can end up in Federal Court even though the laws being applied are state law. To use Diversity Jurisdiction the defendant and plaintiff must be from different states and the amount of money in dispute "must be in excess of $75,000." This is important because federal courts are thought to be more defendant friendly than state courts.

Obviously there's more to it than that but you get the idea :)
 
kiowa
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 5:09 pm

That flight was SO close to going off the end of the runway, down a cliff and onto a freeway potentially killing everyone that I am suprised that more people are not suing. The pilots screwed up royally. There would be many more lawsuits had the 737 not stopped before disaster.
 
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readytotaxi
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 5:14 pm

Why did it take so many years to pass before bringing a case?
you don't get a second chance to make a first impression!
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UAL777UK
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 5:14 pm

God forbid if a flight attendant spilt water on his lap mid flight, His lawsuit would be running into millions.

The whole thing just staggers me!
 
Jetsouth
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 5:18 pm

If relatively small items like this bother this guy so much, he should be looking for a good psychiatrist rather than a cash handout. A psychiatrist may be able solve his supposed problems. A cash handout is not going to solve his mental problems. Why is it the airline's fault, anyways, that this guy has mental problems? If flying causes him so much trauma, then he should take the train. This is the problem with cases like this: it is always someone else's problem.
 
goosebayguy
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 5:35 pm

He really shouldn't be travelling.
 
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September11
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 5:51 pm

I suppose a group lawsuit for this incident would be reasonable. Did he confer with other passengers that were on his unfortunate flight?
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SomebodyInTLS
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 5:52 pm

RDUDDJI wrote:
Bricktop wrote:
gardermoen wrote:
Only in America.
Enough said...
Yes, this is pathetic and you can laugh all you want, but American silliness has a way of spreading beyond her borders. And if you tell me there have been no frivolous lawsuits any where else, I will laugh louder. Sign of the times.


Definitely true. I work for a European company who used to laugh at all the lawsuits we've faced in the US. We've had to add all kinds of idiot proof stickers and documentation for our products specifically for the US market. Now the same thing is happening in Europe. The lawsuits aren't quite as frivolous (yet), but certainly increasing.

Some of the stuff here is ridiculous. A lawyer friend told one of my other friends not to put a "Beware of Dog" sign on his fence. He said if the dog were to bite someone, you're showing that you *knew* the dog was a problem...and you could open yourself up to greater damages.


I bought a small folding plastic step the other day (required to reach above a cupboard without fetching a ladder or chair) and found "heel plug must be present and inserted before use" in huge letters on the packaging.... the "heel plug" turned out to be a strip of plastic in the shape of the handle cut-out. That cut-out is for your fingers to go through when carrying the collapsed step around but it leaves a neat 2cm x 8cm hole in the middle of the step when folded out.

So clearly because some idiot wearing stilletos twisted her ankle and tried to sue the company, they are now forced to add a completely superfluous flap of plastic (which no-one will ever carry around to put on the step each time) and a massive ugly warning on their product. It genuinely saddened me!
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FlyingLaw1
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 7:11 pm

Here's an article and video from a local new station. Includes a brief interview with the Plaintiff's attorneys: http://www.ky3.com/content/news/Man-sui ... 43583.html
 
Kiwirob
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 8:09 pm

AJCNL wrote:
gardermoen wrote:
Only in America.
Enough said...

He should have had his emotional support donkey with him


He might have drowned his emotional support hamster before he got on the plane??
 
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flyingclrs727
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 9:27 pm

c933103 wrote:
atcsundevil wrote:
Runway28L wrote:
Come to think of it, I believe if a case that involves $75k or more the case must be held in a federal court, which it seems that this case doesn't fall under.

Apologies if this isn't entirely accurate. Just going off of a quick Google search.

Indeed. Now, as to why the plaintiff thinks they'll find a more sympathetic jury in state versus federal court, I don't know. Why not go full on McDonald's coffee crotch burn and go for the cool million?

I hope Southwest fights this and doesn't settle. Clowns like this make a mockery of legitimate lawsuits. It's a complete joke that our tort system even lends credence to this kind of idiocy.

Are local courts cheaper/simpler in term of handling procedure than federal courts?



More easily manipulated. In some states the judges are elected locally, and the trial lawyers are big donors to their campaigns. In other states, they are initially appointed by the governor but later stand for retention elections.
 
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TWA302
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 9:50 pm

ryan78 wrote:
gardermoen wrote:
Only in America.
Enough said...


Couldn't agree more with you... Why have people become so soft and fragile these days?


There are stupid lawsuits like this all over the world related to airlines. Quit already.

Two awesome examples.
http://www.bbc.co.uk/news/world-us-canada-41669611

https://uk.news.yahoo.com/transavia-airline-sued-sisters-fart-102200991.html
 
evank516
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Re: Man sues for mental anguish after flight lands at wrong airport

Thu Mar 08, 2018 9:51 pm

As a (sole) plane crash survivor I find this completely rude and unnecessary, not to mention a little bit insulting. Mental anguish my flabby tuchas. People have been through way worse and gotten much less because it isn't about the money.
 
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atcsundevil
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Re: Man sues for mental anguish after flight lands at wrong airport

Fri Mar 09, 2018 12:28 am

Please keep the thread on topic. This isn't a discussion about the McDonald's coffee lawsuit — apparently I inadvertently opened the door to a very hot topic (no pun intended). Let's just stick to the Southwest suit at the center of this discussion.

✈️ atcsundevil
 
kiowa
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Re: Man sues for mental anguish after flight lands at wrong airport

Fri Mar 09, 2018 2:37 pm

Ok. Back on topic. I do no like frivolous law suits and the US is certainly full of them. This is very similar to the Pegasus aircraft hanging on a cliff a couple of months ago although I believe the pilots on this flight were much more negligent. I would expect more legal action against Southwest unless they buy this man off out of court.
 
Samrnpage
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Re: Man sues for mental anguish after flight lands at wrong airport

Fri Mar 09, 2018 3:56 pm

Does natural selection exist anymore ?
 
Cubsrule
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Re: Man sues for mental anguish after flight lands at wrong airport

Fri Mar 09, 2018 3:58 pm

FlyingLaw1 wrote:
Aviation Attorney Here...

I have no knowledge of the case nor have I read the petition... But I would assume the $74,999.99 is to get around the "amount in controversy" amount for diversity jurisdiction. Diversity Jurisdiction is a way that a case can end up in Federal Court even though the laws being applied are state law. To use Diversity Jurisdiction the defendant and plaintiff must be from different states and the amount of money in dispute "must be in excess of $75,000." This is important because federal courts are thought to be more defendant friendly than state courts.

Obviously there's more to it than that but you get the idea :)


Non-aviation law attorney here with a question: I assume that this is not one of the few areas with an exception to the well-pleaded complaint rule where preemption potentially leads to federal question jurisdiction? This suit seems at first glance to gav some preemption problems.
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FlyingLaw1
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Re: Man sues for mental anguish after flight lands at wrong airport

Sat Mar 10, 2018 4:29 am

Cubsrule wrote:
FlyingLaw1 wrote:
Aviation Attorney Here...

I have no knowledge of the case nor have I read the petition... But I would assume the $74,999.99 is to get around the "amount in controversy" amount for diversity jurisdiction. Diversity Jurisdiction is a way that a case can end up in Federal Court even though the laws being applied are state law. To use Diversity Jurisdiction the defendant and plaintiff must be from different states and the amount of money in dispute "must be in excess of $75,000." This is important because federal courts are thought to be more defendant friendly than state courts.

Obviously there's more to it than that but you get the idea :)


Non-aviation law attorney here with a question: I assume that this is not one of the few areas with an exception to the well-pleaded complaint rule where preemption potentially leads to federal question jurisdiction? This suit seems at first glance to gav some preemption problems.


You're referring to Preemption under the Airline Deregulation Act? That would certainly be the argument in defending the case... at least based on what's found in the articles.
 
midway7
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Re: Man sues for mental anguish after flight lands at wrong airport

Sun Mar 11, 2018 3:23 pm

The amount of the lawsuit is clearly an attempt to keep this in local court, as opposed to the case being removed to Federal jurisdiction. A leading business magazine, I believe INC, recently had an article and brought all this up.

This strategy is very popular here in SWMO as judges and courts are very bias towards the "locals" and love sticking it to large out of town carpetbagging corporations. The strategy is even more important in this case as Southwest is not viewed very highly by the people in Branson as they left the market.

However, in the end, Southwest is a brilliant corporation, with excellent legal representation and very good resources. I would expect them to vigorously defend this action and come out just fine. If the Airline Deregulation Act or Contract of Carriage offers some relief, especially in the form of allowing the case to be removed to Federal court, expect this to be argued by motion very quick.

It's the billboard marketed, ambulance chasing attorneys in this area and events like this that give our business climate a bad name. Let's face it, if we are speculating correctly about the reasoning behind the damages being filed, and the case has merit, why not sue for more and not be afraid of Federal court?
 
lavalampluva
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Re: Man sues for mental anguish after flight lands at wrong airport

Sun Mar 11, 2018 3:47 pm

America...the land of opportunity. No wonder this country has so many lawyers!
Remind me to send a thank you note to Mr. Boeing.
 
ltbewr
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Re: Man sues for mental anguish after flight lands at wrong airport

Sun Mar 11, 2018 4:03 pm

This is a link to the INC.com article that discusses the reasoning for the amount the Plaintiff is suing for.:
https://www.inc.com/bill-murphy-jr/a-pa ... s-why.html

The article notes, as others have, of the desire to keep WN from transferring the case to Federal court and kept in a more likely Plaintiff friendly local (county based district) state court. The nearest Federal district courthouse is about 50 miles away in Springfield, MO, and while it could have a juror from the Branson area, it is unlikely. The article further notes that about 6 months after this incident, WN discontinued service to the Branson main airport and another one did so a few months later, so virtually no direct or mainline services. The loss of that airline service could also affect the potential jurors in a trial in the State Court in Branson against WN and for the Plaintiff.
From my almost 39 years as a paralegal, I suspect in the end WN will still push for dismissal of the case in the State Court, and give some cash settlement with the Plaintiff for far less than $74,999.99 with a Non-Disclosure Agreement to be rid of him.
 
DTWLAX
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Re: Man sues for mental anguish after flight lands at wrong airport

Sun Mar 11, 2018 4:43 pm

Semaex wrote:
studentdrbev wrote:
Semaex wrote:
Anybody from the US able to explain the 1 cent less than 75k?


https://youtu.be/s6FkJplgR8c

This video explains it all


If this video were the only explanation, then why not settle for 1 cent less than a mil? ;)
There must be a legal issue regarding the 75k. But I guess it's been answered already.

Regards,

Here is why he is suing for a cent less than $75K
https://www.inc.com/bill-murphy-jr/a-pa ... s-why.html
 
EvanWSFO
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Re: Man sues for mental anguish after flight lands at wrong airport

Sun Mar 11, 2018 5:25 pm

Runway28L wrote:
Come to think of it, I believe if a case that involves $75k or more the case must be held in a federal court, which it seems that this case doesn't fall under.

Apologies if this isn't entirely accurate. Just going off of a quick Google search.


You are correct. 75k and above is federal, below is state.
 
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OA940
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Re: Man sues for mental anguish after flight lands at wrong airport

Sun Mar 11, 2018 6:13 pm

How cute. If I were WN I'd tell him to take his ''mental anguish'' and shove it in a certain place.
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Classic Airliners Props and jets from the good old days

Flight Decks Views from inside the cockpit

Aircraft Cabins Passenger cabin shots showing seat arrangements as well as cargo aircraft interior

Cargo Aircraft Pictures of great freighter aircraft

Government Aircraft Aircraft flying government officials

Helicopters Our large helicopter section. Both military and civil versions

Blimps / Airships Everything from the Goodyear blimp to the Zeppelin

Night Photos Beautiful shots taken while the sun is below the horizon

Accidents Accident, incident and crash related photos

Air to Air Photos taken by airborne photographers of airborne aircraft

Special Paint Schemes Aircraft painted in beautiful and original liveries

Airport Overviews Airport overviews from the air or ground

Tails and Winglets Tail and Winglet closeups with beautiful airline logos