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Originally Posted by likes
- He didn't comply and you can hear him squealing (resisting) during the incident. A good trial attorney will be able to demonstrate that this is at least in part his fault for resisting a lawful order;
Since when is squealing resisting? I don't normally man handle 63 year old men but I imagine some of them might make some noise if I did.
United handled this poorly and the whole industry has a history of handling it poorly, and possibly illegally, to save money. This article from 2014 indicates that
airlines pay a fraction of what bumped passengers are legally entitled to. $30 million instead of $330 million and they get away with a lot of it by issuing vouchers instead of cash/checks.
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- He's not a terribly sympathetic plaintiff. Like it or not, his background is going to be part of this and his background is ... colorful.
Inadmissible. Has nothing to do with the events and the people involved wouldn't have known this information when this went down.
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- He is not likely hurt that badly. Sure, he remains in the hospital for the time being (he and his lawyers likely know which buttons to push to keep him there), but his extended stay may not correlate with the severity of his injuries, which are more likely than not, temporary, not disfiguring, and not excruciating.
Speculation.
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He's got great lawyers, but his breach of contract claim against the airline is not subject to punitive damages, and, even if United wasn't within their rights, United didn't inflict the injuries. So United gets out of this for a reasonable, out of court, check.
May not matter. It's not like the Department of Aviation personnel were walking by, heard a commotion and came to investigate. United personnel called them one would expect. They called security agents not negotiators.
Passengers were offered $400 and hotel room, then $800 and a hotel room to volunteer to be delayed and then they were told 4 people would be chosen. None of the reports I read indicated that the 4 people chosen would get anything. Were they given the compensation proscribed in the contract for these situations?
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The police (the City) will pay for excessive force, but an excessive force case like this with this type of injury is a five to low six figure amount, and that's if it goes to trial and the good Dr. gets to testify about his past in a public courtroom.
Under what circumstances do you think testimony about his past would be relevant to this case and allowed by a judge?
----- Rest not related to responses above.
Some info that wasn't mentioned.
The Dr did get the right to practice medicine again. Only one day a week though. So missing this flight might be a big deal for him and his passengers.
There were two Department of Aviation officers trying to talk the guy off the plane. Then a third came in and told him he's getting off the plane then dragged him off .
Not sure if this matters legally but the 4 crew members weren't employees of United but they worked for a "partner airline" according to multiple reports including this one
http://www.nbc12.com/story/35118009/...truly-horrific
While it may not matter legally I think it makes the story worse for United that they would treat one of their paying customers this way to accommodate crew from another airline. Since it wasn't United crew was the "partner airline" paying for the seats? If so were they paying more than the other passengers on the plane paid or at least more than the 4 that were bumped?
I wonder if people will look back at what happened with the United/leggings issue recently to see if that was an excuse being used to get a lower paying or possibly free traveler off the plane because it was overbooked. Based on a link I posted earlier United's overbooking/bumping rates are pretty high.
United asserts it's right to take passengers off a plane but doesn't also mention they are legally obligated to pay certain restitution and they've been getting away with it for years. Instead they start an auction to see who will volunteer to be a sucker and get paid less than they should.
What people are angry about is that companies and government are treating people, including their own customers, like **** and this is another example of that. NYT has a good take on that
https://www.nytimes.com/2017/04/11/o..._20170411&_r=0
In a perfect world the government would audit all the cases of bumped passengers and order United to pay the difference they didn't in the first place. Policies would change so that when customers need to be bounced they will need to be told what they're entitled to. Maybe that should be announced when they're looking for volunteers and volunteers will be offered more as an incentive instead of being offered less like suckers. That's probably not going to be the end result but the DOT is looking into what happened.
http://chicago.suntimes.com/politics...ines-incident/
People are pissed, this is getting a lot of attention. People are contacting their lawmakers, some of whom could use the media attention and could use the boost of being seen backing their constituents over businesses.
Whatever happens there are millions of people out there now that know that they're entitled to certain monetary compensation in the event this happens again which might cost United, and other airlines money down the road. I know if I'm ever in this situation I'm standing up and letting everyone on the plane know too. If I get picked I'm not giving up my seat until I have a check in my hand.