United passenger dragged from plane has concussion, broken nose -lawyer

[webfact]

United passenger dragged from plane has concussion, broken nose -lawyer

By Timothy Mclaughlin and Karen Pierog

REUTERS

 

Crystal Dao Pepper, daughter of Dr. David Dao, speaks during a news conference at Union League Club in Chicago, Illinois, U.S. April 13, 2017. REUTERS/Kamil Krzaczynski

 

CHICAGO (Reuters) - The United Airlines passenger dragged from a plane in Chicago in an incident that sparked international outrage and turned into a corporate public relations nightmare suffered a concussion and broken nose and will likely sue, his attorney said on Thursday.

 

"For a long time airlines, United in particular, have bullied us," Thomas Demetrio told a news conference in Chicago, outlining the potential causes of action they may pursue against United and the city of Chicago.

 

"Will there be a lawsuit? Yeah, probably."

 

David Dao, a 69-year-old Vietnamese-American doctor, was hospitalized after Chicago aviation police dragged him from the plane to make space for four crew members on the flight from the city's O'Hare International Airport to Louisville, Kentucky.

 

Demetrio said the law stated that passengers could not be ejected from planes with unreasonable force. Chicago runs the airport and the city's department of aviation employs the three officers who dragged Dao off the plane.

 

Dao, who was discharged from the hospital on Wednesday night, suffered a significant concussion, a broken nose and lost two front teeth in the incident, and he will need to undergo reconstructive surgery, Demetrio said.

 

Video of Sunday's incident taken by other passengers and showing Dao being dragged up the plane aisle and with a bloodied mouth circulated rapidly, causing public outrage that was not calmed by the airline's initial response.

 

Dao's daughter, Crystal Dao Pepper, told the news conference that the family was "horrified, shocked and sickened" by what happened to her father. One of Dao's five children, Pepper, 33, called him a "wonderful father" and "loving grandfather" who had been returning from vacation in California.

 

"What happened to my dad should have never happened to any human being," she said.

 

Demetrio said Dao had told him that being dragged down the plane aisle was more terrifying than his experience fleeing Vietnam in 1975.

 

Demetrio and a second attorney, Stephen Golan, said neither they nor the family had heard from United yet.

 

United, in a statement, said Munoz and the company "called Dr. Dao on numerous occasions to express our heartfelt and deepest apologies." The company did not say how it would respond to any litigation, or whether the airline would try to settle.

 

Dao's lawyers filed an emergency request with an Illinois state court on Wednesday to require United Continental Holdings Inc and the City of Chicago to preserve video recordings and other evidence related to the incident, which would be a precursor to a lawsuit.

 

Other attorneys said state courts are typically more favourable to plaintiffs.

 

Chicago's law department spokesman Bill McCaffrey declined to comment in an email, citing the pending litigation.

 

At a later city council aviation committee meeting, Chicago Department of Aviation Commissioner Ginger Evans said the department was investigating the incident and reviewing its training. Chicago Alderman Michael Zalewski, head of the committee, called the incident a nightmare that should have been avoidable.

 

United officials at the meeting apologised again and said they were reviewing all related company policies and would complete that process by April 30.

 

United Vice President John Slater said he was not at liberty to say who called the aviation police, but ruled out the plane's captain. United has no set policy for physically forcing passengers to deboard, he added.

 

"Chicago employees should not be doing the dirty work for the friendly skies airline," Chicago Alderman Edward Burke said at the meeting, adding Dao's civil rights had been violated.

 

Evans and United officials said they could not discuss the incident in detail, citing the pending litigation. However, Chicago Department of Aviation policy calls for its officers to not board planes to handle customer service issues, Deputy Commissioner of Security Jeff Redding said.

 

Several aldermen voiced frustration that Chicago's airport security force was deployed to handle a United problem, making the city a possible litigation target.

 

United Chief Executive Oscar Munoz is under pressure to contain a torrent of bad publicity and calls to boycott United, including from China, where people have been angered because Dao was an Asian-American passenger.

 

United shares have lost about 1 percent of their value since Monday. The stock closed down 1.2 percent on Thursday.

 

Munoz has sought in the last two days to make amends. In a statement on Tuesday he said he "deeply" apologised and was disturbed by what had happened. On Wednesday, he apologised to Dao, his family and United customers in an ABC News interview, saying the company would no longer use law enforcement officers to remove passengers from overbooked flights.

 

Demetrio called the apology "staged" and a response to the airline executive's earlier comments, which were heavily criticized by many.

 

In a letter to employees on Monday, Munoz did not apologise to Dao and defended the airline's actions, saying Dao had been "disruptive and belligerent."

 

Dao was offered $800 (£640) for his seat by United but did not want to take it, Demetrio said. Munoz previously said the airline offered up to $1,000.

 

Dao's wife was told to leave the plane after he was dragged off, Golan said.

 

AIRPORT POLICE

 

The city of Chicago, which Demetrio said had also not contacted the attorneys and family, is also potentially involved in any lawsuit because of the officers' involvement.

 

Chicago's Aviation Department said on Wednesday that two more officers had been placed on paid leave in connection with the incident. One officer was placed on paid leave on Tuesday.

 

Given the wide public outrage, Dao is in a strong position as he prepares to launch a legal action, lawyers who represent airlines and passengers said.

 

"United, if they're smart, will quickly and quietly settle the case," said Justin Green, a partner at the law firm Kreindler & Kreindler in New York who represents airline passengers.

 

(Additional reporting by Brendan Pierson in New York, writing by Ben Klayman in Detroit; Editing by Frances Kerry and Richard Chang)

 

-- © Copyright Reuters 2017-04-14

[Rob13]

47 minutes ago, webfact said:

 

Dao was offered $800 (£640) for his seat

 

in coupons

 

[ezzra]

Ding, ding, ding... the bells of mega lawsuit and a huge payout is in play here, according to a video that was taken by the lady passenger behind him, he was wormed it will end up that way and he wanted to go to jail, so this man, one minute who is one minute  Chinese and than he's a Vietnamese new what going to happened but continue to be belligerent and un willing to  comply hoping

it will end up the way it did.....

[bobmac10]

sometimes Ezzra, you should just sit looking at the screen and not touch the keyboard

[darksidedog]

Fair play to the fella if he sues and I hope he gets a very nice settlement. No one should ever have to go through an incident like this. Wanted criminals are probably removed from a plane with significantly less force.

I am sure if United had kept upping the offer to get a later plane, sooner or later they would have found the volunteers, so this was totally avoidable.

[steve187]

could have been any passenger, you, me anyone. a bad situation, badly handled, money, upgrades would have found volunteers.

[catman20]

hope the doc get a huge pay out

[irwinfc]

i only hope the truth gets out too much inconsistencies and speculations related to this incident.

[leither69]

1 hour ago, ezzra said:

Ding, ding, ding... the bells of mega lawsuit and a huge payout is in play here, according to a video that was taken by the lady passenger behind him, he was wormed it will end up that way and he wanted to go to jail, so this man, one minute who is one minute  Chinese and than he's a Vietnamese new what going to happened but continue to be belligerent and un willing to  comply hoping

it will end up the way it did.....

What!!

[SABloke]

could have been any passenger, you, me anyone. a bad situation, badly handled, money, upgrades would have found volunteers.

 

By "anyone" do you mean the 3 other passengers who were also chosen to give up their seats? I wonder why we aren't reading any news stories about their forceful removals...oh right...they acted like adults

 

[klauskunkel]

While "re-accommodating" their paid and seated passenger, United Airline upgraded the man to a full facial "re-arrangement':

3 hours ago, webfact said:

suffered a significant concussion, a broken nose and lost two front teeth in the incident, and he will need to undergo reconstructive surgery

 

[joecoolfrog]

The lawyers will really milk this one , as they should , crass behaviour by the airline both during and after the event.

[o2eZy]

2 hours ago, bobmac10 said:

sometimes Ezzra, you should just sit looking at the screen and not touch the keyboard

yes should engage the brain before operating the keyboard 

[Argus Tuft]

2 hours ago, ezzra said:

Ding, ding, ding... the bells of mega lawsuit and a huge payout is in play here, according to a video that was taken by the lady passenger behind him, he was wormed it will end up that way and he wanted to go to jail, so this man, one minute who is one minute  Chinese and than he's a Vietnamese new what going to happened but continue to be belligerent and un willing to  comply hoping

it will end up the way it did.....

Despicable post ezzra. And there wasn't just one video that was taken by the lady behind.  And it wasn't the pax who said he was Chinese.  Do yourself a favour and spend more time reading

[andersonat]

1 hour ago, darksidedog said:

Fair play to the fella if he sues and I hope he gets a very nice settlement. No one should ever have to go through an incident like this. Wanted criminals are probably removed from a plane with significantly less force.

I am sure if United had kept upping the offer to get a later plane, sooner or later they would have found the volunteers, so this was totally avoidable.

 

Re. if United had kept upping the offer - 

 

If you’re involuntarily denied boarding, the Department of Transportation regulates what you’re entitled to. Here are the rules, as published by the DOT:-

• If you are bumped involuntarily and the airline arranges substitute transportation that is scheduled to get you to your final destination (including later connections) within one hour of your original scheduled arrival time, there is no compensation.
• If the airline arranges substitute transportation that is scheduled to arrive at your destination between one and two hours after your original arrival time (between one and four hours on international flights), the airline must pay you an amount equal to 200% of your one-way fare to your final destination that day, with a $675 maximum.
• If the substitute transportation is scheduled to get you to your destination more than two hours later (four hours internationally), or if the airline does not make any substitute travel arrangements for you, the compensation doubles (400% of your one-way fare, $1350 maximum).
• If your ticket does not show a fare (for example, a frequent-flyer award ticket or a ticket issued by a consolidator), your denied boarding compensation is based on the lowest cash, check or credit card payment charged for a ticket in the same class of service (e.g., coach, first class) on that flight.
• You always get to keep your original ticket and use it on another flight. If you choose to make your own arrangements, you can request an “involuntary refund” for the ticket for the flight you were bumped from. The denied boarding compensation is essentially a payment for your inconvenience.
• If you paid for optional services on your original flight (e.g., seat selection, checked baggage) and you did not receive those services on your substitute flight or were required to pay a second time, the airline that bumped you must refund those payments to you.

 

*

 

My understanding is that the Passenger was violently removed by an Employee of O'Hare Airport Security Staff (ie not by an Employee of United Airlines) acting alone, while several of his colleagues were present.

 

And the Passenger was also removed from the plane and (somehow) was able to *return* to the cabin, only to be removed again from the plane.

 

 

But please tell me if I'm wrong.

 

[darksidedog]

8 minutes ago, andersonat said:

 

Re. if United had kept upping the offer - 

 

If you’re involuntarily denied boarding, the Department of Transportation regulates what you’re entitled to. Here are the rules, as published by the DOT:-

• If you are bumped involuntarily and the airline arranges substitute transportation that is scheduled to get you to your final destination (including later connections) within one hour of your original scheduled arrival time, there is no compensation.
• If the airline arranges substitute transportation that is scheduled to arrive at your destination between one and two hours after your original arrival time (between one and four hours on international flights), the airline must pay you an amount equal to 200% of your one-way fare to your final destination that day, with a $675 maximum.
• If the substitute transportation is scheduled to get you to your destination more than two hours later (four hours internationally), or if the airline does not make any substitute travel arrangements for you, the compensation doubles (400% of your one-way fare, $1350 maximum).
• If your ticket does not show a fare (for example, a frequent-flyer award ticket or a ticket issued by a consolidator), your denied boarding compensation is based on the lowest cash, check or credit card payment charged for a ticket in the same class of service (e.g., coach, first class) on that flight.
• You always get to keep your original ticket and use it on another flight. If you choose to make your own arrangements, you can request an “involuntary refund” for the ticket for the flight you were bumped from. The denied boarding compensation is essentially a payment for your inconvenience.
• If you paid for optional services on your original flight (e.g., seat selection, checked baggage) and you did not receive those services on your substitute flight or were required to pay a second time, the airline that bumped you must refund those payments to you.

 

*

 

My understanding is that the Passenger was violently removed by an Employee of O'Hare Airport Security Staff (ie not by an Employee of United Airlines) acting alone, while several of his colleagues were present.

 

And the Passenger was also removed from the plane and (somehow) was able to *return* to the cabin, only to be removed again from the plane.

 

 

But please tell me if I'm wrong.

kt03ue5gk

 

But this fella wasn't "involuntarily denied boarding." He had already boarded the plane and was seat in his allocated seat. He was physically assaulted and dragged from the plane against his will and hospitalized as a result. I didn't see that eventuality in your check list above.

Edited April 14, 2017 by darksidedog

[Kabula]

This event should be concerning to everyone as the lack of respect and needless physical violence accelerates worldwide.

 

You could be next! 

[andersonat]

1 hour ago, darksidedog said:

 

But this fella wasn't "involuntarily denied boarding." He had already boarded the plane and was seat in his allocated seat. He was physically assaulted and dragged from the plane against his will and hospitalized as a result. I didn't see that eventuality in your check list above.

The US Dept. of Transport set and publishes these rules (including the maximums that can be offered to induce passengers to give up their seats/tickets) - this is *not* "my" check list.

 

[Mansell]

Brute force was used before all attempts of using brains was tried. If you throw enough money at the problem eventually somebody would have opted for it.

this will now cost United millions. They could have chartered a small jet for around 10 to 20,000 dollars and flown the crew members without any issues. But obviously somebodies brain closed down and they went to option Stupid.

[Thaidream]

The tens of millions of dollars United will lose in settlement; lost business and reputation not to mention injury to a paying passenger should be an example to all business' how not to do business.

The offer of compensation was in credits for travel not hard cash. I would not have moved either until I was offered cash money on the spot. What good are travel credits if I hardly ever travel.  The CEO should be fired for allowing this type of atmosphere to exist amongst his staff.

There was another report of a United Customer who paid for a first class ticket from Hawaii to the US mainland and was also informed he had to leave due to an overbooking problem. He was threatened to have handcuffs placed on him. Absolutely the worst type of business practice one can imagine.

Any type of denied boarding should be settled prior to anyone getting on a plane and the process should always involve cash compensation not vouchers for travel.  The airlines in general are  similar to the banking industry- poor customer service and a greedy attitude. Someone will eventually run an airline based pon excellent customer service and stop forcing people to travel as sardines in a can for the sake of excessive profits and they will get huge market share.  In addition, when the price of oil goes up- airlines are quick to raise prices but when the price goes down they hardly ever lower prices. Greed is good is a very poor business standard to go by- but it sure exists in many companies.

[Argus Tuft]

2 minutes ago, Thaidream said:

<snip>

There was another report of a United Customer who paid for a first class ticket from Hawaii to the US mainland and was also informed he had to leave due to an overbooking problem. He was threatened to have handcuffs placed on him. Absolutely the worst type of business practice one can imagine.

Link please for this report

[Thaidream]

Sorry- don't have the link-read it on yahoo news a few days ago.

[Rob13]

4 minutes ago, Argus Tuft said:

Link please for this report

 

 

http://www.latimes.com/business/lazarus/la-fi-lazarus-united-low-priority-passenger-20170412-story.html

[rockingrobin]

42 minutes ago, andersonat said:

The US Dept. of Transport set and publishes these rules (including the maximums that can be offered to induce passengers to give up their seats/tickets) - this is *not* "my" check list.

 

Not quite the maximum is for involuntary, 

[cruisemonkey]

4 hours ago, bobmac10 said:

sometimes Ezzra, you should just sit looking at the screen and not touch the keyboard

... needs a 'smart keyboard'.... that won't let you type unless it senses the user has an IQ above 50.  

[Rob13]

A few more people step forward with similar stories, it could turn into a class action. 

Edited April 14, 2017 by Rob13

[newnative]

1 hour ago, Argus Tuft said:

Link please for this report

Google is your friend.  Just type United and Hawaii passenger.  Story comes up as one of the first items.

[thaihome]

1 hour ago, andersonat said:

The US Dept. of Transport set and publishes these rules (including the maximums that can be offered to induce passengers to give up their seats/tickets) - this is *not* "my" check list.

 

Those are the amounts required for involuntary change, the Airline can offer anything it wants to induce voluntary change. The gate agent decided to go the involuntary route prior to even getting to the required amount when trying to get people to volunteer.  

 

This is a sure symptom of a corporate culture that has no regard for paying customer satisfaction and only interested in getting their job done as easily as possible.  As I read on an aviation forum, the employees would be most happy just flying with empty airplanes.

TH 

[reenatinnakor]

The land of the free is also the land of silly law suits... But in this instance, I hope Dr Dao and his lawyers take United to the cleaners and onto bankruptcy. I won't begrudge them a single cent no matter how much they exaggerate.

It wouldn't surprise me if the law enforcement officer thought the Vietnam war was still going on and thus did his part for America... fxxx yeah! 

Sent from my LG-H990 using Thailand Forum - Thaivisa mobile app
 

Edited April 14, 2017 by reenatinnakor

[cruisemonkey]

Where does the city of Chicago get these knuckle-dragging, mouth-breathing troglodytes it hires as airport police?

 

...sweating, proud to be Hog Butcher, Tool Maker, Stacker of Wheat, Player with Railroads, Freight and Man Handler to the Nation.

(apology to Carl Sandburg)