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.”
It turns out there was more to that story than what was originally reported. The guy didn't get bumped from the flight because it was overbooked, or because someone came along and paid more money for his seat. There was a mechanical problem with the aircraft and the airline ended up replacing it for that flight with a smaller plane that had fewer first-class seats. So they had no choice but to bump some of their first-class passengers. That is probably one of the only times you'll ever see that happen to a first class passenger.
Don’t fly false flags.
Do they have a sewer system where you live? Running water? Masonry buildings, or are they thatched roof mud huts? Is there a highway system or wagon wheel rutted donkey paths? Is there a constitution and written laws? Organized religions or chicken bone tossing shamans? Fascinating that you have internet access. Solar cells, batteries, gerbil wheels or actual electric through copper wires?
Funny you should say that. In the last few days I’ve seen a whole bunch of posts from armchair tough guys who say the same thing about standing up to a flight crew or police in that situation ... and yet none of them ever did that when they were facing the same circumstances themselves.
Or alternatively, do fly false flags.
Sorry if I gave the impression that I cared about your credibility, or lack thereof.
We have none of that, but we have FreeRepublic. LOL.
I removed my profile and changed my flag because too many Freepers seemed to think any of it was relevant to issues that had nothing to do with where I live and what I posted on my FR profile.
From your posts, it’s clear that your self-flagellation to black light posters of your hero raphael cruz, has taken a toll on your 3 brain cells.
Well, you proved my point...you cannot EVER post without insulting a poster with whom you disagree.
You proved my other point...not knowing the facts ...you don’t know anything about me—if you did, you would know that I was one of the first to support Trump—even when it was not popular to do so. I donated money and went to Trump rallies? How about you? Oh and I never ever supported Cruz because if his stance on H-1B Visas...and you can fund many posts indicating that.
Seems that you are incapable of any reasonable debate of facts and positions, so you resort to attacking posters often with absurd profane comments.
Why not grow up and show some tact so that you don’t make Free Republic or Trump supports look obnoxious and ignorant.
You're an idiot.
But, you're alright, anyway.
Dr. Dao has more balls than most weenies on that flight. I notice none of the ones screeching said eff this sheet and walked off either. Embarrassed for them.
oh and I am female just fyi
That’s funny, coming from some guy in Zimbabwe. Or wherever. Do you have a pot to piss in? Because so often it seems like you are pissing all over yourself.
(Huh?)
LOL
If someone were bumped from a plane they would be at the airport, same place they started.
If said Uber wanted to dump me in the CD, d@mn straight I would refuse to get out of the car.
Yeah right.
Alternatively, you have “no skin in the game.” And you enjoy pissing on others just for the sake of pissing on others.
The guy will be extremely lucky to fly any airline after what he pulled. They have the right to refuse service to problem children.
The basic problem is that the entire airline industry typically operates at or near (or even above) 100% of its capacity by any measure. Any attempt to move business from United to other airlines simply isn’t going to be effective because everyone is flying overbooked flights. The only recourse an air traveler has is to find some other way to travel.
Personally I think you are ashamed to be forthright. All talk, no walk type of guy.
He’ll be welcomed on Southwest Airlines. They don’t beat their guests.
Why, thank you. LOL.
Yes, I am aware of the entire story...I think United’s redress was shabby—just like their redress was with me. Again, as I said, not economy.
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