Man Sues Airline For Being Seated Next To Obese Man

nbc7 ^

[chance33_98]

Man Sues Airline For Being Seated Next To Obese Man
Delta Spokesman Calls Man's Lawsuit Trivial

UPDATED: 12:27 p.m. EDT August 1, 2002

ASHLAND, Ohio -- An Ashland man is suing Delta Airlines because he was seated next to an obese man during a two-hour flight last November.

Philip Shafer said that Delta breached its contract to provide him with a full seat and reasonable comfort. Shafer claims he suffered embarrassment, severe discomfort, mental anguish and severe emotional distress from the flight.

"I think these large people have a responsibility to take control, either to get two seats, or talk to the airline," Shafer said. "The airline has a responsibility to take care of this problem. The last person who should be worried is the innocent passenger."

An attorney for Delta called the suit trivial and said that it is not a legitimate issue. The case is set to go to court in mid-September.

[discostu]

But the people more than one seat wide have recently started complaining about it. Interesting to see how this one comes out.

[ArrogantBustard]

He fits in an airline seat OK, he doesn't hang over.

What class airline seat? According to Boeing, an economy class seat is 17" or 18" (depending on the Aircraft type) wide, a business class seat is 19" wide, and a first class seat is 21" wide. Also, the first class seats are pitched farther apart that the business or economy class. Dan, this should answer your question. If you're more than 17" wide, you don't fit in a 17" wide seat. It's really as simple as that. Why you insist that it is complicated, and drag in irelevancies like noise, smell, race, and religion eludes me.

AB

[lawgirl]

So what did you do about it? Did you try to get another seat?

I liked who made the point of the guy suing the airline not the fat guy. Very astute. ;-D

And if fat people should have to get two seats, then people with screaming BRATS on their laps should have to as well.

[Mike-o-Matic]

   if your 200 lbs or more & the damn seat's to small.

Not always true. I'm 6' tall, 215lbs., and I've never had a problem fitting comfortably into an aircraft seat. That includes everything from 2-seat Cessnas to regional commuter craft to A320s, DC-9s, DC-10s, 727s, and 757s.

[ravinson]

Or better yet, charge passengers by the pound (I'm not joking).

That's really the fairest way to do it, since the amount of fuel the plane uses is a function of the weight it is carrying.

[ThinkDifferent]

I agree, we need more information, and the "mental anguish and severe emotional distress" is probably BS. But if he couldn't be reseated, and if he suffered physical distress and was refused compensation by the airline, then IMO he has a case. Granted this is speculation, but the article doesn't contain enough facts to immediately say that this his suit is groundless.

[Black Agnes]

Actually, sadly, the plane was *completely* full, was the last one for 12 hrs and I had to be back at work for a meeting. I had no choice. I was *miserable*, simply *miserable*. I can't think what would have happened if I'd had a medical condition or god forbid a bad case of the Montezuma's revenge. (sorry for crudity)

[flyervet]

This isn't anything new. Passengers have been complaining about seating and services on flights for years. The dirty secret is that when it comes to travel there's not a lot of options out there and the airlines know this. That's at least part of the reason Delta is fighting this suit.

[Hillarys Gate Cult]

Just wait till the airlines change their seat plans again. Skeletor will just fit and everybody but anorexics will have to buy two seats.

[Texas Mom]

"Well, coach is full but we do have an open seat in first," and Skeletor said, "That would be PERFECT!" So the flight attendant turned to the "fat" woman and said, "If you'll just come this way ma'am, we'll get you all settled in," Skeletor looked mad enough to spit nails.

ROTFLMBO

[HELLRAISER II]

Yes, there are some that will fit into the seats with no problems but there are those of us that are just big. That's the only way i know to put it. As a 6'2" 295 lb Power lifter I don't just fit in any seat, but that doesn't make me an obese fat slob that deserves to have to pay for 2 seats because the seats are just to damn small.

[Mike-o-Matic]

I dug your link so much, it's gonna be my new Yahoo! profile picture ;-)

[discostu]

I don't think that's why they're fighting it. Very frequently big companies settle out of court because even if they win the case it's bad PR to beat up "the little guy". But if they fight this and lose they then have a legal precedent, at that juncture they really have no choice but to charge people that are wider than one seat for the extra seat because they would no longer be legally allowed to sell that seat to someone else. Time this with the comlaints last month from "large" people about the airlines charging them double and you see why OPH suspects collusion (ie this guy isn't the Joe average Citizen you think but someone picked by the airline to sue them); and why both of us think they'll throw the case (you don't actually have to try to win a case, you can get up in court and say "the plaintiff is right, we suck", or something very similar). And as the airline numbers have shown post 9-11 there are a lot more alternatives than you think, and people are finding them.

[sonserae]

I'm glad the guy is suing. I have found that some people who suffer from gluttonist behavior in the eating dept are also gluttonists when it comes to basic considerations of others around them. They are louder, more obnoxious and only care about their needs. It's extremely difficult to deal with having 1/2 your seat taken up by another person and also dealing with their loud snoring and other obnoxious habits to boot. I will preface this with NOT ALL OBESE PEOPLE ARE THIS WAY, but in my experience, it's not only the weight issue but the whole package you have to deal with.

[Gunrunner2]

>>"Delta Spokesman Calls Man's Lawsuit Trivial"<<

Spoken by a guy that doesn't fly coach.

[flyervet]

That's why my best advice to anyone who has to fly is to take first whenever possible.

[Black Agnes]

There WERE no more seats. This was the last flight of the day, it was a business flight and I *had* to be on it. I was TRAPPED for FIVE HOURS of HELL by people too large for the seats they bought!

[My Favorite Headache]

[mewzilla]

Here's my criterion: If you have to raise the arm of your seat to comfortably sit in that seat, you should have to buy a second seat.

[Ditter]

Sorry I meant to say his shoulders would NOT fit into the MRI tube. His bottom fits into an airline seat & he doesn't hang over the armrest.