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.

[flyervet]

I'm not trying to advance an argument. I'm only pointing out how a decision that Delta owes its passengers a "full seat" and "reasonable comfort" could backfire on them, and the entire industry, in the worst way imagineable. After all, even the slimmest among us agree that airlines seats are not very comfortable to begin with! Of course, even if the hypothetical litigants lost their hypothetical lawsuit, the attention brought to the airlines lack of concern for "full seats" and "reasonable comfort" would be a bad PR blow. Much worse than simply charging the obese for two seats. Most folks aren't big enough to need or require two seats but everyone expects "reasonable comfort" when they fly.

[strela]

I was thinking "Flight of the Phoenix" myself, but the Flintstones analogy works too.

[Joe Hadenuf]

Yeah, it's better than getting your seat and have some guy that looks like Yasser Arafat and smells like a campfire sit next to you.

Happened to my buddy....he walked off the plane and two weeks later quit his job as it required he fly......

[flyervet]

How do we know he's suing for 9500?

[american spirit]

Just another indication that we have far too many shyster lawyers in this country looking for another host to latch onto.

[ArrogantBustard]

No shortage of self esteem here... Are you wider than 17"? If "yes", you don't fit in an 'economy class' seat. I don't particularly care why you don't fit; I'm only interested in the objective fact that you don't. So buy two seats. Or go first class. You get 21" there, plus more leg room. If you haven't the common courtesy to do so on your own, the airline should require you to out of justice to their other passengers.

ripping off their appendages to make that extra room.

You are advocating the commission of murder, mayhem or aggravated assault because...???

AB

[BibChr]

Just EVERY TIME!

Dan

[stands2reason]

At the time, I was certain Skeletor was just angling for a first-class seat, but after reading some of the anger and bile in the anti-fat flier posts, I can't help but wonder if the woman wasn't seriously freaked out by the idea of a fat seat mate. Some people are disgusted by the fat, just as some people are disgusted by members of different races, religions, or political persuasions. This lady was skinny enough to be anorexic.

And the funny thing about it is, most of these people are "diverse-loving" liberals.

[HairOfTheDog]

Oh good! If you stopped falling for it would have to start getting more creative!

[cinFLA]

From each according to his abilities; to each according to his needs. (It's the Democratic way)

I am unemployed. How about sending some $$ my way?

[HELLRAISER II]

Your right I don't have any self-esteem problem and by the way my biceps are that big partner & the only reason I said what I said is because I get tired of people here ragging all the fat people. It's amazing how funny it is to some people here to make fun of others that either aren't there to defend theirselves or don't have the balls to do so. I don't fit in to either of those categories.
Listen I think that the smaller people have every right to be as comfortable as the big people and your right I don't have the right to make someone else uncomfortable. But I shouldn't have to buy two seats because my shoulders are twice the size of the average guy. By the by I don't condone violence of any kind except that of self defense so I will apologize to any one here if I hurt their feelings.

[chance33_98]

No shortage of self esteem here... Are you wider than 17"? If "yes", you don't fit in an 'economy class' seat.

This and other items will lead to law suits in which the airlines will be forced to intalls less, larger, seats so as not to discriminate, which means less people per flight and higher prices.

My wife is flying next week with our daughter and I looked at getting her better seating, cost was well above $1000 and up to $4000. Sticking with the $300 ticket...

[Gunrunner2]

Sounds like an awful trip.

Over the past 20 yrs I've have too many bad flights I dare not recall ("the horror, the horror. . .")

Cheers.

[stands2reason]

I hear tall men have to pay more for their suits...

[HELLRAISER II]

Let me make myself clear where I stand, I don't have a problem paying more for a bigger seat, because I am a bigger guy & I want to be comfortable just like everybody else does, but I shouldn't have to pay twice what it normally costs.

[ArrogantBustard]

But I shouldn't have to buy two seats because my shoulders are twice the size of the average guy.

There's the essence of the problem. The airliner is of a fixed width. You can't change that. Let's consider a Boeing 737. It's a fairly nice, and very common aircraft. In 'economy class', a total of 51" are available on each side of the aisle for seating. Those 51" are divided among 3 seats. I must be the "average size guy", because I just fit in one of those seats, with no room to spare. There just isn't any 'extra' room. Three solutions exist: 1) you get two seats 2) make the seats wider, and install fewer of them. 3) make the aircraft wider, but put in the same number of seats.

Solution 1) is apparently policy of some airlines; I wish it were enforced. Solution 2) is called "business class" or "first class". There's a reason those seats cost a higher fare. Solution 3) is really sort of academic.

How wide are you, really? 22"? I don't really want to know, but let's play with that number... Let's suppose that 3 of you are assigned to the same row in coach, on a B737. That's 66" of human, trying to cram themselves into a 51" space! It just doesn't work. The laws of physics may not be "fair", but they're also not subject to repeal, or being declared unconstitutional.

I've no use for the 'fat' jokes, either. They're beside the point, which is that a passenger who is occupying more than the space for which he has paid is stealing that space from his fellow passengers.

[ArrogantBustard]

OTW, coach class seats on some of the larger aircraft are wider than on the smaller ac. Coach passengers on a 767 get 18" instead of 17". It's not much, but it helps.

[Djarum]

We should be nice, and those greedy fat cats at the airlines should accommodate all passengers at no extra charge--this sounds like tripe from a liberal PC play book.

I'm going to build my house on your property. Why ever would you file a frivolous lawsuit when your house doesn't fill the entire lot?

[Freebird Forever]

From each according to his abilities; to each according to his needs. (It's the Democratic way)

I am unemployed. How about sending some $$ my way?

I make sport of that philosophy and the various forms in which it is espoused (like the obnoxious porker expecting half a seat being provided to him at the expense of the person who paid for the full seat).

Dude, you may be a Freeper, but you’re not blood kin. You want money, earn it yourself.

[don-o]

If you are stuck sitting next to "fatty" then first suggest that they find a solution listed above, else hit the attendent button and ask the flight attendent to arrange for a solution listed above. If that is not possible suggest that they find you a better seat, else you expect a full refund for your ticket, as they clearly cannot provide you with the service offered to other passengers, not subjected to "fatty's" excess girth.

I like that.

Fortunately, recently, I seldom need to fly, and have no fattie horror stories. But, I am filing that strategy for possible future use.