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Man says JetBlue made him sit on toilet
Townhall News ^
| Tuesday, May 13, 2008
| SAMUEL MAULL
Posted on 05/13/2008 8:53:00 AM PDT by VRWCmember
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To: JRios1968
...and you can use the towel dispenser as your flotation device, should an emergency arise.
41
posted on
05/13/2008 11:51:59 AM PDT
by
Froufrou
To: Jagermonster; BigFinn; mysterio
As an addendum, the short of this is, as BigFinn says, is "If the story is true ... " I.e. if Mr. Mutlu can prove it all at trial, he can have it.
42
posted on
05/13/2008 11:51:59 AM PDT
by
Jagermonster
(Not a N00B, just wanted a new screenname.)
To: Jagermonster
The judge cannot look at a case where a man stood in a bathroom 3 hours and wants $2 million for it and just decide that the case is frivolous?
That's a frivolous case if I ever heard one.
The airline should offer him a free pass or a fruit basket or something. And a proper way for him to get even with them is to not buy any more tickets for their flights.
This case is absolutely ridiculous.
43
posted on
05/13/2008 11:52:14 AM PDT
by
mysterio
To: VRWCmember
I’m not sure it’s worth $2 million but I’d sure give him a considerable sum. The pilot should be fired and the flight attendent should be told if she doesn’t like the seat she’s supposed to sit in she should leave also.
Everyone claiming it should be thrown out of court would be screaming their lungs out if it happened to them.
44
posted on
05/13/2008 11:59:48 AM PDT
by
beandog
(Quit serving me mud and telling me it's chocolate pie.)
To: Political Junkie Too
Do we know the distribution of actual damage and punitive damage? Don't these awards get inflated as an incentive for the company to not do this again?
The story doesn't specifically say what the damages are, but I bet the vast majority of the damages are punitive, because "Mutlu was traveling on a a "buddy pass," a standby travel voucher that JetBlue employees give to friends." His actual damages are therefore probably not that great. I'm too lazy to look up the actual filing, so I don't know what the split actually is.
You are right about the punitive damages. They are awarded for exactly the reason you stated: as an incentive for the company to not do this again.
I am also thoroughly convinced that we are not getting the whole story from this article. I think that the cause of action has a sound principle in negligence, which requires a duty, a breach of the duty, causation, and damages. However, I think that there should be other causes of action. Federal airline regulations probably prohibit this sort of activity, and there is probably a provision allowing someone to sue an airline for this conduct, which may even list statutory damages allowing for or even requiring these high sums. As I said earlier, I'm too lazy to do the research on it, but I doubt that the article presents the full story.
45
posted on
05/13/2008 12:05:21 PM PDT
by
Jagermonster
(Not a N00B, just wanted a new screenname.)
To: VRWCmember
People that fly non-rev are commonly the first ones to be inconvenienced on any flight. They aren’t paying.
I fly non-rev a lot. It is understood if there aren’t enough meals, drinks, etcetra, I go without. There are a few instances under which I have been bumped from a flight that I would have gladly been assigned to the bathroom.
A little secret...You can actually hang out next to the back galley. You don’t have to sit in the bathroom. The flight attendant can go back to the jump seat when it is time to land.
46
posted on
05/13/2008 12:14:05 PM PDT
by
toast
To: Jagermonster
I can see an argument for humiliation for being forced to sit in an unsanitary toilet for hours on end.
While in there, I'd be hesitant to take any of my carry-on out, losing the simple pleasure of reading a book or eating a snack, let alone the loss of in-flight entertainment.
I'm not sure, either, about traveling on a "buddy pass." That might be a red herring argument. People cash in reward miles, travel on promotion vouchers, receive airline overbook vouchers, etc. How one accounts for the ticket should have no bearing on access to normal in-flight services.
Besides, the "buddy pass" is an employee benefit, so I'd expect that employees are encouraged to take advantage of benefits because "that's what makes < insert company name > a great place to work!" What's next, fire the person who gave Mr. Mutlu the "buddy pass" because of all the aggravation it caused?
-PJ
47
posted on
05/13/2008 12:19:44 PM PDT
by
Political Junkie Too
(Repeal the 17th amendment -- it's the "Fairness Doctrine" for Congress!)
To: freespirited; xsmommy
I have a serious question for one of the resident lawyers. It sounds like this guy did not purchase a ticket from Jet Blue but rather flew at no charge. If thats the case and this actually went to court, would that have any effect on what he is entitled to get from Jet Blue?
He flew on a buddy pass, which on most airlines usually involves paying some kind of nominal service charge fee, but not anywhere near the cost of an airfare. I'm not a lawyer, but my guess is that it would have ZERO effect on what he is "entitled" to receive from Jet Blue. An analogy would be if you redeemed a free ticket voucher to get tickets to a hockey playoff game, and midway through the first period the head of arena security came up and told you that one of the ushers was going to sit in your seat for the rest of the game; and by the way you can't stand in the aisle, and you can't stand at an entrance, and you can't stand in the special standing room only section because those people paid for standing room only seats, but there is a nice stall in one of the restrooms where you can see the game on a closed-circuit tv monitor mounted in the corner of the rest room. Even though you didn't pay for the hockey ticket, once you were able to redeem your voucher for a ticket for a seat at the hockey game, you have a reasonable expectation of the right to sit in that seat.
To: mysterio
The judge cannot look at a case where a man stood in a bathroom 3 hours and wants $2 million for it and just decide that the case is frivolous?
That's a frivolous case if I ever heard one.
The airline should offer him a free pass or a fruit basket or something. And a proper way for him to get even with them is to not buy any more tickets for their flights.
This case is absolutely ridiculous.
I agree with you that the case is ridiculous, and that Mr. Mutli is blowing this all out of proportion. However, the point is that ridiculous does not equal frivolous. This is a common misconception. Frivolity has a specific legal meaning that is much narrower than that bandied about in common parlance. As
Wikipedia notes,
The typical definition [of frivolous] in United States law is very different from its colloquial or political meaning. United States courts usually define "frivolous litigation" as a legal claim or defense presented even though the party and the party's legal counsel had reason to know that the claim or defense had no merit.
In short, a frivolous lawsuit is one for which there is no supporting legal rationale. Attorneys can be sanctioned for filing such frivolous cases (See e.g.
Federal Rule of Civil Procedure 11).
It does not appear here that there is no underlying legal rationale to this case. It arguably satisfies each element of negligence: The airline had a duty to appropriately provide for its passengers, the airline did not so provide, the actions of the airline caused the situation, and the plaintiff suffered as a result. The fact that the plaintiff puts an absurd price tag on his suffering does not enter into the question of frivolity.
Asking for too much in retribution does not mean that the plaintiff was not wronged, and it certainly does not mean that his legal recourse should be cut off.
Reductio ad absurdum, this would call for the absolute dismissal with no recourse of any case where a plaintiff overestimated the amount of his damages, and would remove the big stick of punitive damages.
49
posted on
05/13/2008 12:31:32 PM PDT
by
Jagermonster
(Not a N00B, just wanted a new screenname.)
To: VRWCmember

Takes on a whole new meaning....
50
posted on
05/13/2008 12:58:26 PM PDT
by
RckyRaCoCo
(LIBERAL MEDIA PICKS GOP CANDIDATE.... STORY AT 11 !)
To: Jagermonster; VRWCmember
Federal airline regulations probably prohibit this sort of activity bingo. it's a safety issue. imagine if there was extreme turbulence and the guy was knocked unconscious in the loo from slamming around loose in there? vast, i don't know about some implied expectation-of-a-seat-once-you-get-the-buddy-pass angle, but paid or not, the airlines is required to meet the same safety standards whether the passenger is paying full price, discounted fare or flying via buddypass.
51
posted on
05/13/2008 1:09:50 PM PDT
by
xsmommy
To: xsmommy
vast, i don't know about some implied expectation-of-a-seat-once-you-get-the-buddy-pass angle, but paid or not ... Not upon getting the buddy pass, but once you are given a boarding pass with a seat assignment on it you certainly have an expectation of a seat other than the toilet.
To: monday
To: monday
To: cubreporter
"Methinks the pilot and stewardess were more than close friends....."I was just speculating that since the pilot (if this story is even true) was going to such extremes - risking his job by putting a passenger in an illegal, unsafe position - that there must be something more to the story as to why he wanted so badly to make that stewardess comfortable.
I work in the industry and VERY firmly believe that the Captain owns that airplane for the flight, but that does not give him the right to violate FAA regulations unless it is a true, serious emergency.
55
posted on
05/15/2008 12:29:35 PM PDT
by
SW6906
(6 things you can't have too much of: sex, money, firewood, horsepower, guns and ammunition.)
To: SW6906
You are right. I read it wrong initially. I thought the flight attendant didn’t have her jump seat which of course she should have for take off and landings. However, just because she was UNCOMFORTABLE in that seat was no reason for the pilot to make a paying passenger sit in the latrine. I see, smell and taste a lawsuit here and I also see, smell and taste a victory for said passenger.
:)
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