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.

[Black Agnes]

Ah, this was 3 years ago. After this trip (and the chiropracter and flexaril I was on for a month) I told my boss...no more flights...even if it means less chance of promotion/bonus, just isn't worth it! (and this was way before wackos decided flying planes into tall buildings would attain their eternal salvation)

[Gunrunner2]

>>Wow! I haven't been on a flight that was completly full in the past year..<<

And I haven't been on one with an empty seat in years.

Depends on when you travel, and to/from locations.

[discostu]

You must not hang out on the tech threads. That's one of the frequent discussions surrounding Microsoft. They get hauled into court a lot, and tend to fight things, but if the tide starts to turn they settle, making sure to put that "no admission of guilt" paragraph in the settlement. So you frequently see the bashers list all these things MS has been sued over, then the apologists remind them that MS was never found guilty of these things. Both people are right. What makes it uglier is that when you think about the PR hit there's a good reason why companies frequently settle even if every lawyer on the planet thinks they'd have a slamdunk defense. McDonalds rarely goes to trial, not worth it. that's why it's called "hush money".

[Blackdakota]

Why waist time and more money paying an attorney to file a lawsuit. He should have demanded a refund and fly on another carrier from then on. He should realize he'd come out better that way since the attorney will probably get about all of his award and if it gets thrown out, he'll lose what he spent on the attorney.

Knowing these recent juries, he'll probably win and yet add another in the long line of bonehead lawsuits. Next time my satisfaction at Wal-mart isn't garauntee'd I'm suing cause they said it would be garauntee'd. Forget the refund on my broken toaster.

[Black Agnes]

Oh yeah, sorry for being so ascerbic. I tend that way by nature anyway and the flashbacks of that trip from hell left me w/o my usual (meagre) reserve of tact. If I stepped on toes I apologize!

[Constantine XIII]

It's ingenious for the airlines, so much so that I am tempted to say it is staged. Get the court to order that the skinny guy is entitled to what he paid for, justifiying a SW airlines-type policy, meaning greater revenues and more room for everyone.

[nina0113]

Wow! I haven't been on a flight that was completly full in the past year..

steve0113 & I have been on 4 - DC to Zurich, Zurich to Rome, & the reverse. All 4 were packed solid, & on the one back from Zurich, I was the one encroached on by a two-seater, who was also wearing long flowing robes that constantly trailed over me. Every time I moved, her robes would be tugged on & she would turn & glare at me.

Like Steve said a few posts back, they should just put a seat (with non-moveable armrests) at the checkin. It's set up like that for carryon bags now & no-one complains about it being unfair. If your bag doesn't fit in the box, then you check it in. If your seat doesn't fit in their seat, then you need an extra.

[twyn1]

Hey -- I think "Skeletor" might have been my older sister -- she is totally body-obsessed and HATES fat people ! And she ALWAYS complains on flights -- once she complained because the guy next to her was working on his laptop computer and it "bothered" her -- I kid you not -- and YES, she usually gets moved up to first class, because she is sooo obnoxious ! I LOVE the way the flight attendants handled this one ! YAY for them !

[Ditter]

This thread is about whether or not obese people should be forced to pay for the space they use or be allowed to use the space paid for by others. You are trying to change the thread & talk about other kinds of irritations encountered while flying & you cal me illogical? I don't think so big boy! I'm not a fella BTW.

[HELLRAISER II]

I think that we all have valid arguments, ya'll aren't all right & i'm not all wrong. I guess it's all about perspective of the individual, they (The airline) should in my opinion have seating for both of us to be comfortable without extra costs or my arm hanging across your shoulder. I guess in a way I see it the same as racism, I can't help my size anymore than someone else can help the color of their skin, Because at 230 lbs I'd be damn near anorexic.

[murdoog]

How would you feel if restaurants charged the same for a meal but gave the 'big people' more for their money? I'd feel cheated and that my meal price was subsidizing the big people's. (which it would be!)

When are you going to sue Shoney's for their breakfast buffet?

[BibChr]

(1) Then it should be "Dittress."

(2) No wonder the logic escapes you.

(3) Yes, I'm running for cover. (c;

Dan

[HairOfTheDog]

I agree with you Dan that this suit... the idea that sitting next to a fat person caused this person "mental anguish" is ridiculously petty.

There is nothing that says we have the right, as citizens, to never deal with close quarters in crowded places. And once in awhile someone may brush up against you.

That said, and with nothing but fond affection for you, I must post this: Word to the wise

[demlosers]

What makes it uglier is that when you think about the PR hit there's a good reason why companies frequently settle even if every lawyer on the planet thinks they'd have a slamdunk defense. McDonalds rarely goes to trial, not worth it. that's why it's called "hush money".

Gee, maybe I should become a professional sue’er, become that little Je$$e the Shakedown artist. Dang, I could come up with all kinds of bogus scams against dozens of companies across the country. All I have to do is execute the plays in the shakedown-hand-book, and I'll be into that "hush money"! Hey do you know of any ambulance chasing lawyers I could team-up with? :)

[Black Agnes]

Silly. All you can eat for one price is hardly the same thing as a fixed price airline ticket. A better analogy would be fixed price meal. Would I get irate if a fat person started eating my food because they'd finished their own? He$$ yes.

[uncbob]

The problem with the airlines is that the seats are made for little whimpy 130 lb people. Now that's not an average size person, if your 200 lbs or more & the damn seat's to small.

Correct but that is what makes the airlines profitable and air fares within the budget of the Average person not just businessmen

Larger seats higher prices less customers etc etc

[per loin]

Those incapable of such toleration have my permission to leave.

[Texas Mom]

Like Steve said a few posts back, they should just put a seat (with non-moveable armrests) at the checkin. It's set up like that for carryon bags now & no-one complains about it being unfair. If your bag doesn't fit in the box, then you check it in. If your seat doesn't fit in their seat, then you need an extra.

I wouldn't have a problem with that solution.

[Ditter]

OK I'll tell my baby brother that he should have named me Dittress. Ditter=sister in baby talk. LOL (Are we friends again (big) Dan?