Man Sues Airline For Being Seated Next To Obese Man

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[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.

[peteram]

FWIW: On the video clip on TV, the man sueing the airline demonstrated how the obese passenger lifted the armrest between them so there would be no obstruction to him sitting. This resulted in the skinnier passenger losing a third of the seat that HE paid for and having to be pushed against the opposing armrest for the duration of the flight.

If this was indeed the case, then - yes, he should sue.

[Dog Gone]

LOL

[amused]

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

Tell me about it. Being from NJ and living in San Diego, CA, I make 4 to 6 cross country flights a year minimum. At 6', 210 lbs I always ask for an emergency row(more leg room). I usually get an aisle seat and leave the other arm rest to the middle person. Personally being in the back near the stinking bathrooms or next to screaming babies are much higher on my air rage meter.

[ArrogantBustard]

Or to beat the hell out of that idiot.

You are advocating aggravated assault because ...??? The idiot(s) in this case appear to be the portly gentleman who trespassed on his neighbor's seat, and the airline which allowed him to do it. If you're going to occupy more than one seat, you should pay for more than one seat. If you don't want to pay for more than one seat, don't fly. Or visit your physician; he might be able to assist you in shedding the excess avoirdupois.

AB

[strela]

Personally being in the back near the stinking bathrooms or next to screaming babies are much higher on my air rage meter.

I'd rather lash myself to the wing with bungee cords than to be seated in front of the dreaded "seat kickers" (usually 6-11 year old boys). These little hellspawn should have been drowned at birth.

[Bahbah]

They will enact "loser pays" legislation as soon as the trial lawyers let them. I wonder when that will be.

[Texas Mom]

If this guy paid for a seat that the passenger next to him took up with his own girth, why shouldn't he sue? Is this Marxist airlines or something?

I'm not sure I would have sued but I would have complained. I doubt the plane was packed and after take off you can change seats if one is available. I have done it and there has never been a problem. Just ask the flight attendant and tell them why you want to move and they usually will assist you with your carry on. etc.

BTW. I only fly Delta.

[anymouse]

Agreed. There must be a lot of FReepers responding to this thread that are insecure in their fatness. Whatever happened to personal responsibility?

If a passenger can't fit in an airline seat without overlapping into their neighbors personal space, then they should negotiate a solution (two seats or a window seat with no one next to you) with the flight attendent or purchase two seats or a first class ticket (1st class seats are usually wider).

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.

[MotleyGirl70]

Now that the airlines are packing us in like sardines, imposing size restrictions on carry-ons, why shouldn't they impose a size test on the obese?

Sorry, I find this post tooooo funny. Ya got me in tears!

[Badray]

"I like the variable seat size idea -- but doubt very much that the airlines would be agreeable to retrofitting their aircraft with bigger seats."

Instead of retrofitting the existing planes, start doing it with the new planes coming into service. But let's think outside the box. Why do seats have to be in their current configuration? How about some sofa type seats that are installed lengthwise. Depending on (the planes) body width, there could be 2 or 3 rows.

Keep in mind that this is the first time that I have designed airline seating. Is there some physical laws that I'm overlooking? I am just nuts?

[flyervet]

A few years ago, I was on a nearly full flight where the size factor became an issue. A woman who was Ally McBeal skinny pitched a fit over having to sit next to a woman who was what I would consider more voluptuous than fat. She looked like Anna Nicole Smith in her prime. Anyway, as soon as the Anna Nicole Smith-type sat down, Skeletor hit the flight attendant call button and began complaining very loudly about having to sit next to "such a fat, disgusting pig,". She whined and moaned about what a burden it was and how prejudiced the airline was, and she threatened to sue if the situation wasn't rectifyed immediately. I was sitting across the aisle from these women, and had a ring-side seat. The poor lady blushed furiously and generally looked as though she wanted the ground to swallow her. Both she and the flight attendant asked Skeletor to calm down, but Skeletor just got more and more hysterical. Finally, the flight attendant said, "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.

[Gunrunner2]

When you buy a ticket from an airline you are entering into a contract. That contract says that in exchange for a few dollars, when your purchase a single ticket the airline will sell you a single seat (no more, no less, a full seat).

That said, when a fat passenger spills over and takes more than one seat, that passenger is violating his terms of the contract (taking more than he purchased). In addition, the airlines are violating their terms of the contract if they could reasonable tell the fat passenger would use more than one seat and refuse to insist the fat passenger buy more than one seat--basically to pay for what he uses.

So, in this situation you have one injured party and two violators.

Sue the fat person and the airlines, or maybe even file criminal charges against the fat passenger for Theft of Services.

In any case, the inncoent passenger should not be deprived of his contracted and paid for service and accommodation.

[Gunrunner2]

Not to impune your story, but that sounds a bit too much like the ole yarn about the South African snob complaining about having to sit next to a Black person, with the same result--Black person going to First Class.

[SternTrek]

I heard a fireside chat
I saw a baseball bat
And I just laughed till I thought I'd die
But I'd been done seen about everything
When I see an elephant fly.

[strela]

I wonder when that will be.

Aircraft Porker 1, you are cleared for runway 34W. Have a nice flight.

[Gunrunner2]

Been there. . .suffered through it.

[Mr. Bird]

Before posting personal experiences, you may want to check http://www.snopes.com under the Travel section. It'll be less embarrassing.

[CheneyChick]

Come on, Dan. The man did pay for his own seat. It would have been nice to be able to use the entire seat, eh? Just like if you have extra luggage.... Pay for what you use - big people need to buy more space, IMHO.

Signed,

Formerly Squished Passenger