How Much Money Will David Dao Make From United Airlines?

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

[Presbyterian Reporter]

The passenger who was forcibly removed from a United Airlines flight by aviation security officials Sunday garnered much public sympathy in the days since video emerged of him being dragged, bloody and screaming, down the aisle of a plane. David Dao, 69, retained a lawyer and filed a petition with an Illinois court to get all evidence related to the incident preserved.

While a lawsuit wasn't filed, Dao’s lawyer confirmed in a press conference Thursday there would likely be one, which begs the question: In the wake of such a high-profile, controversial incident, how much will Dao get?

“Dr. Dao will likely get millions here,” James Goodnow, an attorney with the Lamber-Goodnow Injury Law Team at Fennemore Craig, who is licensed in Chicago, told International Business Times in an interview Thursday. “The only question is how many zeros will follow the first number.”

Dao has a number of claims against both the city of Chicago and United. First and foremost, he has an assault and battery case.

“This is going to be a slam dunk, a no-brainer, an easy win,” Goodnow told IBT. “It’s documented on multiple cell phones. There’s no question.

Other claims will likely include breach of contract, false imprisonment, defamation and intentional infliction of emotional distress.

“That’s just a big fancy way of saying that the officers involved, and/or United Airlines, intentionally engaged in outrageous conduct that could be expected to have an emotional impact on Dr. Dao,” said Goodnow. “I think most people would consider this conduct outrageous and I think there’s little question Dao has suffered emotionally.”

There is no specific monetary cap in Chicago on what a plaintiff can get. Dao would likely collect on an array of damages including medical bills, lost wages and general damages, which include those things that can’t be quantified, like emotional distress and pain and suffering. Illinois is one of the most restrictive places in the country when it comes to punitive damages, which refer to damages awarded to punish wrongdoers and deter future wrong conduct, so lawyers would have to look elsewhere for a larger payday.

“The real money is going to come in the area of emotional distress damages — the pain and suffering. We call those general damages,” said Goodnow. “That’s where you can juice this up from a monetary perspective.”

In a typical personal injury case, Goodnow explained, a general rule of thumb is that plaintiffs are rewarded three to four times his or her medical bills. In a case where a client’s past and future medical bills are estimated to be about $100,000, the payout would likely be somewhere between $300,000 and $400,000. Not so for Dao, namely because the case will almost certainly never make it to court.

“What you will see here is a settlement value that will blow away anything Dr. Dao will ever recover in court,” said Goodnow.

Because of the nature of the case and the intense public scrutiny, United will likely be motivated to aim for a settlement, which will garner a larger payout for Dao than a trial would. The company has already become the subject of numerous boycotts, internet mocking and a plunging stock price and can’t afford to be at the center of yet another controversy.

“Look at the attention this case has received in just a few days,” said Goodnow. “Imagine what would happen if you have a public trial and every reporter is covering it. Every day will be another paper cut for United.”

The mistakes made by United after the incident will presumably benefit Dao. At least, from a monetary standpoint.

Instead of apologizing to Dao, the airline said it was sorry for having to “re-accommodate” passengers in their first statement. They were the subject of swift backlash by people who took issue with the phrasing. In a different memo to employees, which was obtained by the media, CEO Oscar Munoz appeared to blame Dao for being “disruptive and belligerent” and leaving the crew “no choice” but to call aviation security to forcibly remove him, though video recorded right before the incident suggested otherwise.

“All of these missteps are going to enter into the equation when United is deciding how much to pay here,” said Goodnow. “If United insults Dr. Dao and his legal team with a 'lowball' offer, they risk an ever greater backlash. If that information were to leak out, it would be so damaging if it looks like, in the face of this, United is trying to get out on the cheap.”

Munoz issued yet another statement from the company Tuesday in which he took “full responsibility” and pledged to make the situation right.

“I don’t think United’s legal team is going to try and 'lowball' Dr. Dao here,” said Goodnow. “I think they’re going to come in with the biggest number they can to get this put to bed as soon as possible.”

[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............