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.”
If I have a flight to Los Angeles and they make an unxpected stop in Atlanta and tell everyone needs to de-plane and take a $200 travel voucher and book a separate flight, dollars to doughnuts, I’m going to be staying on the plane. I paid to get to LA within a certain time and I’ll be damned if I am going to be stranded in another city with possibly no flight to get me to where I was promised on time. They’d have to take me out of MY seat that I paid for over my dead body.
I don’t think they had ANY right to forcibly remove him from the plane. Handcuff him? Are you serious? What was his crime? Hell, he could sue for even that if that was all that occurred and with a public humiliation it would be an easy $5 million just for that.
Scan a few of the excerpts on this listing of articles and you’ll see references to his wife..
But what if they threw in a free Cinnabon too?
They’d have to take me out of MY seat that I paid for over my dead body.
Fine, but they are within their legal right to drag you off of their plane, as long as they don't use excessive force in doing so.
You can try to fight the security guards if you like, but one reason we have courts of law is so that claims of breach of contract are dealt with in front of a judge with money damages awarded, instead of decided by fighting with security guards.
Also she was one row back and across the aisle
according to one aritlce I saw.
If he was with his wife and daughter how come you never see or hear them during the struggle?
If he was dropped off in China TOwn and he was supposed to be going to Staten Island you bet your a$$ he will sue the UBER company as well as the driver for leaving him stranded in a foreign place. Hell, it might be worse considering the racist overtones of dropping off a Chinese man in Chinatown with the excuse of “Hey, at least he is there with his own people”
Don't know.
Then do the monetary damages include lost wages due to getting kicked off a plane when they shouldn’t have? Throwing a passenger $200 for their inconvenience doesn’t even buy a new ticket to get to the destination and if he is late he could be losing tons of cash. What if his trip was to a cruise and the cruise disembarked because he was 6 hours late? What then?
you’re the ONLY saying Dao has no right to his seat. He DOES! Get it?
If he wasn’t disruptive they have no RIGHT to demand to take him off the plane. Period!
SO you’re basically in support of the Police State. Gotcha, I will remember this day my friend.
"UA shall not be liable for any punitive, consequential or special damages arising out of or in connection with carriage or other services performed by UA, whether or not UA had knowledge that such damage might be incurred."
But in cases like this where a big company sets out the terms of the contract and consumers do not have the opportunity to negotiate the terms of the contract on an individual basis, courts will be quick to strike down things in the contract the court thinks is unfair. If you had a lawyer send a letter to United describing your lost wages and the price of the cruise, there is a good chance they would just mail you a check rather than legally contest it. They may require you to agree not to publicly disclose the fact they gave you a check as a condition to cashing it.
That sounds like the loser’s parting gift from the old Gong Show from 1977, or a typical audience gift package at any tv show that the audience member receives.
If you illegally change the locks not in compliance to an eviction protocol then no, the police might arrest YOU!
Why are you calling the doctor DInky DAO? rACISS MUCH?
They had no right to physically remove him from the plane PERIOD! HE was not on the NO FLY list. If that was the case and the ending result was the same then no, the Dr. would receive NO COMPENSATION. He was a paying customer of a valid ticket. UNITED screwed up big time and will cost them more than the $17 they will end up paying the bloodied Doctor.
AND the first checked bag gets on the plane for free (unless they stopped that deal)
Come on now you’re acting like the guy is a terrorist or something. It’s not like HE provoked this. He was the innocent bystander in this situation.
Completely wrong you are Mr bossman
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