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.”
He should get the price of his ticket refunded and some parting gifts.
In my experience, any company in the transportation business that moves employees around on company time will usually do whatever they can to move them on company vehicles. It’s a no-brainer for a lot reasons.
UAL is going to get a judgment against it no matter what - it loses. Dao was involuntarily removed. UAL can argue that Rule 25 caps damages, but that argument isn't worth making either. Aside from the beating, what are Dao's damages? UAL will gladly pay that.
If this case plays out on a timeline similar to Nader or that Illinois Supreme Court judge, we'll have a final answer ten years from now.
yes indeed. A ticket refund PLUS some parting gifts (like maybe the Hope Diamond, a new gold Lambroghinni, and a jet plane of his own so he doesn’t have to risk his life on UAL next time)
:)
I did not notice that and I do not follow that logic. It seems to me that UAL could have chartered a private twin engine prop plane to shuttle the crew to Louisville and arrived there only an hour or two later than this flight would have arrived there. If a private twin engine prop plane was not fast enough, then charter a private jet. What am I missing?
Pain and suffering? I can see a Cook County jury going crazy on that and jumping through any hoop to get there.
I disagree with the article that United would avoid a trial on reputation grounds, they never gave a damn about that before, but discovery in a corporation like United would have to be avoided. That would leak no matter the restrictions.
I was thinking more like a crock pot, a set of new dishes, and dinner for two at the Olive Garden.
It was a Republic crew. Chicago is United headquarters but would they put them in their KingAir or a Tahoe and get them to Louisville?
And does O'Hare Airport even allow that sort of aircraft to take up landing and departing slots in their schedule? The major airports in my area don't.
Do you need a court order to get a trespasser out of your house?
I might be interested if the 'bet' is where the loser agrees to donate a certain amount of money to Free Republic.
In answer to the question 'How much money will Dr Dao make from UAL?' you said 'It won't be much'. What $ figure did you mean?
When does a tenant become a trespasser without an eviction order?
When they’ve overstayed their lease and haven’t paid the rent?
The lawyer has put all sorts of things on the table, pain and suffering, emotiuonal dsitress, not to mention doctor bills, etc. Add in embarrassment too.
UAL's best dodge is to assign responsibility for the beating to the cops, and let them (the cops) impugn Dao. The only thing UAL wanted was the seat, and while it feels sorry about the delay to Dao, it's not personal, strictly business. UAL says, yeah, we breaehced, and we'll pay damages assignable to OUR breach, but not the "breach of the peace."
-- I disagree with the article that United would avoid a trial on reputation grounds, they never gave a damn about that before, but discovery in a corporation like United would have to be avoided. That would leak no matter the restrictions. --
All that is a business decision, plenty complicated, but the cost of going on compared with the cost of settling is a significant part of the calculus. Also, they will consider what sort of precedent might be set by settling. Sometimes litigation, even though one case is crazy expensive, is the better course in the long run, to deter the rest of the ambulance chasers. If the damages won in court are small, and defendants insist on trial, lawyers won't speculate on cases.
That would be more in line with the airline,s quality of service, Yee. Maybe mcD,s instead of Olive Garden to make sure their customer chokes ?
Absolutely false! If you're going to "play at being a lawyer" at least do some research
Absolutely.
You still have to get an eviction order if they won’t leave and get a cop to serve it. And they still get time to comply and get out.
Or you can hope they’ll be nice and move out on their own.
It can take months. Unless there is a court order, the police cannot do a damned thing.
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