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Man sues airline for not looking at his scrotum
Toronto Sun ^ | March 9, 2010 | JEAN-PHILIPPE ARCAND

Posted on 03/09/2010 2:42:15 PM PST by NCjim

MONTREAL - A Westmount resident's lawsuit against Air Transat, for failure to provide him with appropriated medical attention during a flight, was dismissed in small claims court this past Tuesday.

His illness? Sudden and mysterious bleeding in the area between his legs.

The curious incident occurred February 15, 2008 during a flight from Montreal to Puerto Vallarta, Mexico. Marcel Cote was comfortably seated in business class an hour after takeoff when, for some unknown reason, he felt enough discomfort to make an emergency visit to the washroom, where he discovered spots of blood on his body.

In a panic, Cote asked for the help of a flight attendant, who quickly came to his side. When the passenger noticed that the agent was female, he asked to be assisted by a male attendant because the bleeding seemed to be coming from his genital area.

When the male attendant came to him, Cote then asked to be closely examined so that the exact nature of the problem can be determined. The employee declined, giving him absorbent paper instead.

Indignant and distressed, Cote quickly expressed his wish to see a doctor.

Before supplying him with sanitary towels, the members of the flight crew told him they would contact a physician if the illness was grave enough. On arriving in Puerto Vallarta three hours later, Mr. Cote met with a travel agent he knew and she took him to the hospital in a taxi. He was examined by a doctor who determined Cote had a ruptured vein near his scrotum. Three stitches were needed to close the wound.

What started off as a dream trip to a Southern paradise with his wife, in the end turned into a nightmare Cote said, claiming the incident ruined his vacation and has made him anxious about flying.

Cote sued Air Transat and the employees on the flight that day, accusing them of failing to provide appropriate medical assistance, seeking damages of $8,000 for the anguish he suffered as a result of their neglect.

But judge Michele Pauze rejected Cote's case.

In her decision, she said she agreed with arguments offered by Air Transat representative Chantal Chlala, who explained to the court that flight attendants do not have the right to examine passengers, and even less to make a diagnosis.

"It was not incumbent upon a flight attendant to conduct the medical examination of a passenger, a measure reserved for the medical profession,"

wrote judge Pauzé.

Although she conceded that Cote could very well have experienced troubling moments in the episode, the judge maintained that "nothing in the facts (put before us) proves that that the situation was dangerous or worrisome to the point of requiring the immediate attention of a doctor."

Not only did Pauze rule against Cote, she also ordered him to pay for the court costs incurred by Air Transat, amounting to $189.


TOPICS: Travel; Weird Stuff
KEYWORDS: airline; canada; napl
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To: NCjim

..."the diagnosis was made when you got out of the cab, and two red caps said"look at that a$$hole"

21 posted on 03/09/2010 3:02:08 PM PST by Doogle (USAF.68-73..8th TFW Ubon Thailand..never store a threat you should have eliminated)
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To: wbill; KillTime

>>Ballsy Lawsuit.<<

Bloody nuisance if you ask me. This guy should be sacked after the hairy mess he left.


22 posted on 03/09/2010 3:02:12 PM PST by freedumb2003 ( Tagline lost -- anyone seen it?)
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To: NCjim

Since the flight attendant was not a medical professional, then he had no obligation to render medical aid.

An interesting factoid here: At the dawn of air travel in the 1930’s, Pan Am used to hire only registered nurses as flight attendants.


23 posted on 03/09/2010 3:02:17 PM PST by Blood of Tyrants (Truth - Reality through the eyes of God.)
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To: hkp123

Better a blart than a shart....we’ve all gambled on a fart and lost at least once or twice.


24 posted on 03/09/2010 3:03:12 PM PST by ErnBatavia (It's not the Obama Administration....it's the "Obama Regime".)
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To: NCjim

Doesn’t TSA have scanners for that?


25 posted on 03/09/2010 3:03:19 PM PST by LouD ("against all enemies, foreign and domestic...")
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To: NCjim
Flight attendants aren't trained to make a medical diagnosis. They don't have consent forms that are necessary and routine in medical offices. And it would be dangerous for flight personnel to come in contact with blood without protection from sterile gloves and clothing.

This case was, so to speak, nuts.

26 posted on 03/09/2010 3:04:06 PM PST by colorado tanker
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To: NCjim

Applause for Michele Pauze...!!


27 posted on 03/09/2010 3:05:13 PM PST by Osage Orange (A fear of weapons is a sign of retarded sexual and emotional maturity. - Sigmund Freud)
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To: RichInOC

And I realize the thought of bleeding from your scrotum is disturbing, believe me, I do, but unless you’re hemophiliac, it’s probably not life-threatening. Nut it up, pardon the expression, and get it fixed when you land.


28 posted on 03/09/2010 3:08:27 PM PST by RichInOC (No! BAD Rich! (What'd I say?))
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To: NCjim
“Excuse me sir, I am leaking bodily fluids, a potential biohazard; I would like you to subject yourself and your company to additional legal liability by coming into contact with my biohazardous bodily fluids and rendering a medical diagnosis and/or treatment. Wait? Where are you going? Why are you laughing? Won't someone PLEASE look at my scrote?”
29 posted on 03/09/2010 3:08:45 PM PST by allmendream (Income is EARNED not distributed. So how could it be re-distributed?)
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To: NCjim; Lazamataz

this story needs the input of lazamataz! (probably not actually, but...)


30 posted on 03/09/2010 3:09:21 PM PST by robomatik (III%)
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To: NCjim

Now that is strange, most of the male attendants I’ve seen look like the kind that would jump at the chance to inspect some guy’s “package”.................


31 posted on 03/09/2010 3:11:42 PM PST by doorgunner69
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To: Beaten Valve

The evidence didn’t stand up. But, that’s a hard one to call.


32 posted on 03/09/2010 3:21:10 PM PST by pfflier
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To: NCjim; Slings and Arrows
Holy scrotum, Batman!

Image and video hosting by TinyPic

33 posted on 03/09/2010 3:45:42 PM PST by EveningStar (Karl Marx is not one of our Founding Fathers.)
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To: martin_fierro
When the passenger noticed that the agent was female, he asked to be assisted by a male attendant because the bleeding seemed to be coming from his genital area.

34 posted on 03/09/2010 4:36:07 PM PST by SunkenCiv (Freedom is Priceless.)
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To: NCjim

Why couldnt his wife take a look? I would rather that than have the male flight steward.

People are stupid.


35 posted on 03/09/2010 4:43:58 PM PST by Delta 21 (If you cant tell if I'm being sarcastic...maybe I'm not.)
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To: Slings and Arrows

Ping for the headline!


36 posted on 03/09/2010 4:47:57 PM PST by Grizzled Bear (Does not play well with others.)
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To: ErnBatavia
Poetically inspirational as well....

Here I sit,
broken-hearted.
I came to
...well you know the rest.
37 posted on 03/09/2010 5:01:23 PM PST by Tainan (Cogito, ergo conservatus)
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To: Delta 21
Why couldnt his wife take a look?

yah. An obvious solution. In pretty much any case, the only option was to gauze it and have a seat.

38 posted on 03/09/2010 5:14:35 PM PST by Ramius (Personally, I give us... one chance in three. More tea?)
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To: Allegra; CSM; dayglored; Dutchgirl; IYAS9YAS; Jersey Republican Biker Chick; Old Sarge; ...
♀☹☠☣☢★☆
MANGLED
GENITALS
PING

☆★☢☣☠☹♂

39 posted on 03/09/2010 5:33:31 PM PST by martin_fierro (< |:)~)
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To: NCjim

Wouldn’t check out his b*lls? I hate when that happens.


40 posted on 03/09/2010 5:44:17 PM PST by Jack Hammer
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