Posted on 05/13/2008 8:53:00 AM PDT by VRWCmember
A New York City man is suing JetBlue Airways Corp. for more than $2 million because he says a pilot made him give up his seat to a flight attendant and sit on the toilet for more than three hours on a flight from California.
Gokhan Mutlu, of Manhattan's Inwood section, says in court papers the pilot told him to "go 'hang out' in the bathroom" about 90 minutes into the San Diego to New York flight because the flight attendant complained that the "jump seat" she was assigned was uncomfortable, the lawsuit said.
Mutlu was traveling on a a "buddy pass," a standby travel voucher that JetBlue employees give to friends, from New York to San Diego on Feb. 16, and returned to New York on Feb. 23, the lawsuit said.
Initially, Mutlu was told a flight attendant had taken the last seat on the plane, but then he was advised she would sit in the employee "jump seat," meaning he could have the last seat, the lawsuit said.
The pilot told him 1 1/2 hours into the five-hour flight that he would have to relinquish the seat to the flight attendant, court papers say. But the pilot said that Mutlu could not sit in the jump seat because only JetBlue employees were permitted to sit there, the lawsuit said.
When Mutlu expressed reluctance to go sit in the bathroom, the pilot, who was not named in the lawsuit, told him that "he was the pilot, that this was his plane, under his command that (Mutlu) should be grateful for being on board," the lawsuit said.
When the aircraft hit turbulence and passengers were directed to return to their seats, but "the plaintiff had no seat to return to, sitting on a toilet stool with no seat belts," court papers say.
Some time later, a male flight attendant knocked on the restroom door and told Mutlu he could return to his original seat, court papers say.
Mutlu's lawsuit, filed Friday in Manhattan's state Supreme Court, says JetBlue negligently endangered him by not providing him with a seat with a safety belt or harness, in violation of federal law.
A JetBlue spokesman declined comment on the lawsuit Monday.
...and you can use the towel dispenser as your flotation device, should an emergency arise.
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.
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.
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
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.
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).
Takes on a whole new meaning....
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.
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.
yes, they are pains.
yes, they are pains.
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.
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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