Posted on 04/14/2017 3:11:24 PM PDT by 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.”
United took his property dive months ago, on exchange for a future service. If you don’t see property rights involved here, you are not looking.
Life’s Lottery of the new age.
The pendulum swings wide.
Since Dao did not initiate violent contact, the use of the force displayed was entirely up to the thugs, acting under UAL cover.
You sure? Because one not so hard punch can kill you if it hits the right spot.
Hey, I just realized... All we have to do is look him up on CelebrityNetWorth after the settlement! ;-)
“...and United didn’t beat up Dao.”
True. But they would never the less be culpable if they created a situation where that was the result. Had actual law enforcement boarded then told Dao he was under arrest, we’d be talking about an entirely different situation.
Maybe that’s why United opted for airport security instead. They’d be more eager to engage and certainly ask fewer questions about the situation and the legalities involved.
Oooh! Then you can post it on FR and become famous!
Sorry, ABC will beat you to that punch.
Another thing that is settled is that Dao will win in a courtroom. UAL will settle for millions.
I expect you to eat your crow sandwich after the settlement.
How much? Enough to teach United and the whole industry a lesson, but not so much that it puts yet another airline out of business. Airlines need to rethink this approach.
I’m of a mind that tickets ought to be sold on the basis of recallability where a non-recallable ticket carries a premium, but people maybe would be willing to pay lower prices for a ticket that stands a chance of being recalled (with some compensation).
The only ambiguity I see is the meaning of the word "boarded." It's in the airline's interest to fly the plane full, and sometimes business conditions favor flying airline personnel over paying passengers. They don't bump people for fun and jollies.
Either way, when somebody is involuntarily denied the flight they expected, the remedy is paltry. If you really have to be there, and it really really matters, and your business can't stand ANY possibility of being bumped, don't fly commercial. The other choice is to bribe the airline with lots of business and money, because that is how they set their passage priorities.
The POS should be charged with interfering with a flight crew and thrown in jail.
Amazing the number of mentally ill gorons here that sound like the left on bad acid. Corporations...bad. Cops...bad The Doctor was being oppressed by the system!! Stick it to them!! We shall overcome!!
Then these same morons b!tch about higher ticket prices and longer wait times and wonder how that happened...Astonishing knee-jerk stupidity. It’s no wonder our country is so farked up.
Making Illinois license plates?
At 69 years of age he’ll make enough to retire on...
No, they are the Chicago aviation police. They go to police academy for training and are paid by the city of Chicago. It’s basically another patronage cesspool in the city. And if they aren’t supposed to board the planes that sounds like a supervisory problem.
That may work but I think the Checkbox of minimum 2,000 bump would be better. Call it insurance and charge 5 bucks a flight. Airlines would make millions.
True. But weren't the actual damages in the Nader case $10? It was the punitive that they were really appealing and malice and disregard.
The problem is you.
Sorry to break the bad news, pookie.
Hopefully.
Interfering with a flight crew.......
He is boarded and in his seat.
Who created the interference and please expand your knowledge of law.
Yes, I can see how it would have been a delima with those circumstances. Why didn’t they offer more money and leave the doctor in his seat? There was probably someone on that plane whispering to his wife that he’d get off for $1000 or $1200. Everybody has their price.
I, also, think that ground transportation would have been a viable solution. Four and a half hours is not that far. Probably the employees in the situation are not encouraged to look for an alternate solution, though. Just follow protocol.
Shame. A lot of people are paying the price for someone’s childish arrogance and rotten judgement.
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