How Much Money Will David Dao Make From United Airlines?

IBT ^ | 4/14/2017 | Juliana Rose Pignataro

[PLMerite]

It depends. Is his name showing up in any dead pools?

[faithhopecharity]

Definitely. Agreed!

[Fantasywriter]

‘Well-trained operators could have “escorted” Dao happily off the flight with a simple arm, wrist or finger lock.’

Finally someone mentions the obvious. Dao was 69, and not muscular. There was no need to head-slam, tase and drag him. A simple finger lock would have worked like a charm.

[Mark was here]

This guy was not resisting arrest. He was standing up for his contractual rights. They chose a violent response.

[JayGalt]

Until they assault him, then he has lots of monetary damages. Their decision caused the problem. His was legal if Quixotic.

[eyedigress]

You are seeing the forest in spite of the trees.

That policy is gone. To the first one gets everything.

He had no idea going into it. That is the break sometimes.

[Meet the New Boss]

Yeah, in quoting me you conveniently left off the part where I said YES DAO CAN SUE THE UBER DRIVER.

But he doesn’t have the legal right to physically resist when asked to remove himself from the Uber driver’s car.

[Cboldt]

Your argument doesn't fly. The crew has no right to make physical contact with a passenger, unless the passenger initiates physical contact with the crew.

-- UAL knew the likelihood of a violent result. --

I understand that YOU believe that, my point is that no court is going to allow that argument to win. It is tantamount to an assertion that calling the cops is like calling the mafia enforcer. It might be true in fact, but no court is going to let that win.

And the question of how much force will be used is almost entirely in Dao's hands.

I mean, if violence is the expected result, this incident would not be exceptional, it would be the rule.

[Cboldt]

-- Punitive damages would be available. --

Okay, sure, I'll let the readers make up their own mind on that point. I've cited a couple cases on my side.

[DuncanWaring]

‘tis better to remain silent and be thought a fool than to open your mouth and remove all doubt.

[Fantasywriter]

The point is, if United wants to kick already-boarded, prepaid, well-behaved passengers off for any reason that suits the airline, their ToS needs to state that—loud and clear.

[Thumper1960]

Oh, right, they aren’t “real” cops. They’re airport “security”. Their duties, apparently, don’t include the actual plane, merely the terminal. They were invited on board. UAL set the stage for the assault. The “security” goons acted under the aegis of UAL. Ultimate responsibility lies with UAL. Suck it up, buttercup, UAL will settle for millions and the three thugs will be looking for new jobs. Period.

[trisham]

Millions, I hope.

[Cboldt]

-- But Nader never boarded and wasn't seated on the aircraft. --

Understood. But the loss to the customer is being denied transit, so whether Dao has a claim that fits into Rule 25 involuntary denial, or just plain od "breach of contract, not even in Rule 25," his damages vs UAL flow from denial of a seat on that flight.

-- And it may very well be easier to prove malice and disregard with United. --

Maybe.

[Thumper1960]

It means the majority have the sense to understand and comprehend the facts and the correctness of their positions. The minority hasn't, and can't.

BTW, the world is NOT flat.

[Fantasywriter]

See post 171.

Let United write it right into their ToS.

Then watch them go bankrupt.

[moehoward]

“United will simply file a third-party claim against the City of Chicago.”

I see that backfiring. If anything the city may have a claim against United.
Did United misrepresent the situation ?
Why did United involve airport security rather than real law enforcement ?

And, it’d be quite difficult for United to blame airport security when they did exactly what United called them to do. Physically remove the passenger.

[Meet the New Boss]

It means the majority have the sense to understand and comprehend the facts and the correctness of their positions

So next you're going to tell me about how mankind is responsible for global warming, because the opinion polls say so. Riiiight.

[Snickering Hound]

I understand that YOU believe that, my point is that no court is going to allow that argument to win. It is tantamount to an assertion that calling the cops is like calling the mafia enforcer. It might be true in fact, but no court is going to let that win.

Would be very interesting in discovery if there is found a Powerpoint and Excel presentation that United believed there was money to be made with an involuntary bump with it's much lower payout than with having to play airplane casino and give voluntary bumps.

And who to select for the involuntary bump and give the least fight and who to call to make it happen.

Yes, it sounds nuts and conspiratorial, but it's Chicago.

[Hot Tabasco]

United’s lawyer’s will press him to settle. They will tell him - You don’t want TMZ or others further exposing your private life to the public.

Thanks to the MSM, it's already been done and there is nothing the defense attorneys can do to prevent the further revelation of his background if the media so desires.

If the airlines makes the mistake in taking this to a jury trial, such information will never be mentioned since it is totally irrelevant to the beat down Dr. Dao suffered......

They’ll probably settle for $500K

Are you serious? The attorneys alone are going to snatch up over a million dollar themselves.......

My guess is that Dao's settlement will exceed over $20 million considering the fact that not only has his reputation been further sullied, but the diagnosis of a concussion which may or may not affect his quality of life and whether or not it my result in future brain related conditions............