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.

[lawgirl]

Why shouldn't he sue????? Has anyone ever heard of being nice? Sh** I am an attorney and God knows we don't need anymore ridiculous lawsuits from people being Aholes to each other. Have a little tolerance--we have to have it for everyone else why not for fat people right? I hope the court throws this one out.

[strela]

If the airlines want to avoid all this whining about obese folk taking up more than their "fair" share of seat room, the solution seems simple. Beef up the armrests and bolt them down so they can't be raised and/or put a credit card slot on them so one has to pay to raise it. The horizontally-challenged get their seat, the pecksniff next to him gets hers with no encroachment penalty, and everybody's happy (except the fat guy who was too cheap to buy a first class ticket to begin with and has to shoehorn himself into the thing).

[BibChr]

That's probably like this one. The self-righteous chorus (see above) assume facts not in evidence. Where do we read that Bones suffered, apart from his little panic-center or sense of esthetics?

Dan

[ThinkDifferent]

Has anyone ever heard of being nice?

Absolutely. It is not nice to take a substantial portion of someone else's seat which they have paid for and you have not, especially when that action results in physical suffering. I agree there are too many bogus lawsuits, but if the passenger first complained to the airline and was refused compensation, this suit is not unreasonable.

[flyervet]

Apparently, there's an urban legend that is similar to my experience. Why that should embarrass me I have no idea. But it brings up a good point; there are all sorts of people who have the potential to make our air travel uncomfortable, whether it's a large person, a person of another race, a religious person who insists on sharing their religion through out the flight, a parent who flies with an unruly child on their lap, on and on and on. With a little bit of patience and quick-thinking airline employees, no one need be embarassed or too put-out.

[BibChr]

How do you know he didn't get his whole seat?

Ditto all my perfectly fitting examples above: do you pay for the sounds you have to hear, the sights you have to see, the thoughts you have to be exposed to?

If he literally doesn't have his seat, he calls a stew, points at his visibly-squished self and his overflowing seatmate (who also, in that case, was not accomodated), and says, "Duh! Do something!"

Dan

[Ditter]

Hummmm, you must have never had to share your seat with large Marge or ............... Hey Marge, is that you?

[flyervet]

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.

I think the flight attendant erred in not removing Skeletor from the flight, frankly. I'm sure she would have had her butt kicked off post-September 11th.

[BibChr]

If I weigh 950 pounds, will that make this story say that Bones was actually physically discomfited? If I weigh 155, will that make him a snitty jerk? I'm having trouble charting the logic.

Dan

[Ditter]

My husband went for an MRI yesterday & he didn't fit in the tube. Its only 18" wide & his shoulders would go in. The technician said 1 in 20 won't fit. He fits in an airline seat OK, he doesn't hang over.

[bear24]

Same situation, non-stop from Detroit to London, England!

[discostu]

I like this, if the guy wins that gives the airlines all the defense they need to charge the tubbies more and nobody can claim discrimination.

[Ditter]

If you weigh 950lbs I doubt you will be flying, or you'll be going freight. If you weigh 155lbs you'll be cheering the law suit on. Soooo, hi Marge.

[flyervet]

Maybe. I travel almost constantly for business and I can tell you that after September 11th, before the airlines started trimming routes, there were a lot of empty seats on a lot of planes. It probably would have been pretty easy for this guy to move. Moreover, you notice he's not suing the passenger himself for taking up extra space, is he? I wonder why that could be?

It amuses me that this issue focuses on the large. People forget that the tall, pregnant women, the disabled, the elderly, and people who insist on traveling with a baby on their laps all have the potential to take up more than their "fair share" of space. Yet no one is arguing that these people be forced to pay extra. Heck, no one is even arguing that people in wheelchairs pay less for bringing their own seat!

Bottom line- there are some real jerks out there who feel free to vent their spleen well away from the judgemental eyes of their fellow passengers. Here on the web, they can be free to be Clymers, but I think the vast majority of people would be better behaved in public if only out of shame.

[Sloth]

...Shafer said. "The airline has a responsibility to take care of this problem. The last person who should be worried is the innocent passenger."

As opposed to all those guilty passengers, of course.

[lawgirl]

Shafer claims he suffered embarrassment, severe discomfort, mental anguish and severe emotional distress from the flight.

Anyone else recognize this for what it is?? Legal BS trying to get a settlement. It is all totally objective and ridiculous.

And I don't see ANY proof from this excerpt (I have not followed the link so I don't know if there's more to know) that he tried to "mitigate damages" in anyway. Did he try to get a different seat? Flights are rarely stuffed to capacity-especially post 9-11--and he probably could have gotten another seat. Did he complain to the stewardess so they could try to make him more comfortable or find another option? I would like more details.

[flyervet]

Actually, most airlines have had this policy in place for some time, but simply don't publicize it.

I think the fact that Delta intends to fight what is essentially a nuisance lawsuit should shed some light on how serious they are taking this person's complaints.

[lawgirl]

Hey OPH--Collusion I agree- reading this I thought "WHO IS this lawyer? His cousin??" Probably one of those 1-800-INJURED lawyers. ;-D

[Black Agnes]

Tolerance? Sitting for FIVE HOURS on a cross country plane with NO visits to the restroom? I couldn't even lean *back* in my seat because these two guys OOZED over into my seat! I sat scrunched forward like a folding chair (and I'm a very small person, 5' if I poof my hair) for FIVE HOURS. I believe that people should pay for what they use! If they use more, they should PAY more. Very simple. 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!)