Lawsuit Nation: 407-Pound Woman Denied Flights Home, Dies Abroad

[lx43]

http://gma.yahoo.com/obese-woman-denied-flights-home-dies-abroad-191137549--abc-news-topstories.html


The death of a 407-pound woman after being denied boarding on three flights was "preventable," according to an attorney for the woman's husband, who plans to pursue legal action against three airlines.

How is it the airlines fault for not being able to accommodate a 400 pound woman? If I where the airlines I would counter sue for all my legal expenses plus interest since its ultimately the fault of the woman for eating so much and having an unhealthy lifestyle. It appears they made every attempt to help her but decided it was the best interest of the other customers to leave her behind instead of making the other customers. What's next the airlines will have to ask how much each passenger weighs when they sale tickets?

I hope this case gets thrown out.

[juleswin]

http://gma.yahoo.com/obese-woman-denied-flights-home-dies-abroad-191137549--abc-news-topstories.html



How is it the airlines fault for not being able to accommodate a 400 pound woman? If I where the airlines I would counter sue for all my legal expenses plus interest since its ultimately the fault of the woman for eating so much and having an unhealthy lifestyle. It appears they made every attempt to help her but decided it was the best interest of the other customers to leave her behind instead of making the other customers. What's next the airlines will have to ask how much each passenger weighs when they sale tickets?

I hope this case gets thrown out.

My guess is this, seeing as it is a return flight, they were capable to taking her away from her home and then were not able to return her in one piece. The best solution would have been to deny her the initial flight then you wouldn't be on the hook or flying her back. This is going to be a costly mistake, I would settle if I was the airline company

[lx43]

I wouldn't settle, I would fight it out to send a message to other lawyers about filing frivolous lawsuits. Yeah you might win the case but it will take years and years to get it.

[rprprs]

I read elsewhere that she was 425 pounds. She was also an amputee.
I can't imagine living like that, let alone taking international flights in such a condition.

Footage from Hungarian television:

http://tv2.hu/musoraink/tenyek/117191_nem_viszik_el_a_280_kilos_utast_-_tenyek-riport.html

[thoughtomator]

Given that Hungary is a 1st world country, it is absurd to suggest that she couldn't get treatment while over there. Looks like she was just a very ill woman ready to go anyway, and this became a convenient excuse to sue people for her death.

[AGRP]

Somewhere, there is a law making it harder for airlines to acominate larger passengers.

[jmdrake]

My guess is this, seeing as it is a return flight, they were capable to taking her away from her home and then were not able to return her in one piece. The best solution would have been to deny her the initial flight then you wouldn't be on the hook or flying her back. This is going to be a costly mistake, I would settle if I was the airline company

^This


I wouldn't settle, I would fight it out to send a message to other lawyers about filing frivolous lawsuits. Yeah you might win the case but it will take years and years to get it.

It's not a frivolous lawsuit. They had a contract with KLM to fly them to Hungary and back. If KLM's position was "We don't accommodate people over a certain weight class" then they should have made that clear before accepting the payment. I don't at all feel sorry for the airline in this case. The other two airlines are a different case altogether.

[Brian4Liberty]

When the couple went to the airport on Oct. 15 to board a KLM night flight home to New York, they were able to board. However, Ostrov-Ronai said the captain asked Vilma Soltesz to disembark because she could not be secured in her seat due to an issue with a seat back.

Pilot did it.

(Paging Danke)

[Danke]

Pilot did it.

(Paging Danke)

No fatties on my aircraft!


http://www.youtube.com/watch?v=XtmuXWCFQzE

[Cody1]

http://gma.yahoo.com/obese-woman-denied-flights-home-dies-abroad-191137549--abc-news-topstories.html



How is it the airlines fault for not being able to accommodate a 400 pound woman? If I where the airlines I would counter sue for all my legal expenses plus interest since its ultimately the fault of the woman for eating so much and having an unhealthy lifestyle. It appears they made every attempt to help her but decided it was the best interest of the other customers to leave her behind instead of making the other customers. What's next the airlines will have to ask how much each passenger weighs when they sale tickets?

I hope this case gets thrown out.

Modern day customer service. As a member of management in a local family owned, 13 plus location car wash around where I live I have noticed an overwhelming mentality of "Here's my money, do what I tell you to do or I will make your life a living hell". There is no such thing as a business-customer contract anymore from what I can see. Business has simply devolved into shoving money in the faces of business employees while simultaneously threatening their job security under the guise of "customer service". Such a terrible way to view the world.


I also find it quite interesting that the general customer response to annual price increases implemented by my employer means that my guys and I have to provide that much more quality service beyond the means that we are capable of even when that translates to giving away free shit because they think their money is still actually worth something. It's amazing how many facets of society that dishonest money affects.

[youngbuck]

Given that Hungary is a 1st world country, it is absurd to suggest that she couldn't get treatment while over there. Looks like she was just a very ill woman ready to go anyway, and this became a convenient excuse to sue people for her death. I feel sorry for them. I'm sure they could have gotten the necessary treatment in Hungary, but their insurance or whatever was probably not applicable out there; then they probably beat around the bush, ultimately leading to her demise.

[MelissaWV]

I feel sorry for them. I'm sure they could have gotten the necessary treatment in Hungary, but their insurance or whatever was probably not applicable out there; then they probably beat around the bush, ultimately leading to her demise.

Have you ever had to tell a really long story, with a whole lot of details, over and over and over and over and over and over again? Now imagine that your life depends on you remembering and having evidence for all of those details, and the person listening to know about those details in such a way that they can act appropriately and keep you alive. Now imagine you THINK you won't have to do all of that, because you'll be home in a day or two with the doctors who already know all of this and all of the treatments that have been tried and the extent of your illnesses.

[JK/SEA]

let me get this straight...they flew her over, and then say for 'safety' reasons couldn't fly her back home?....

a case for man-slaughter at the very least.

[Danke]

let me get this straight...they flew her over, and then say for 'safety' reasons couldn't fly her back home?....

a case for man-slaughter at the very least.

Yes, because the press always reports the facts and details of every story...

[nobody's_hero]

Maybe she didn't weigh 425 pounds before she left, lol.

[JK/SEA]

Yes, because the press always reports the facts and details of every story...

ok...what would be the reason they denied her a flight?...

[Vanilluxe]

I believe KLM is responsible for a scam and a rip-off for saying they can take her back the the U.S. even talking about arrangements over the phone. Delta and Lufthansa (one of my favorite airlines besides Air France) should not be sued as they had no partake in making any arrangements with the lady prior to departure.

[Tpoints]

US has a better health system than Hungary?

[John F Kennedy III]

No fatties on my aircraft!


http://www.youtube.com/watch?v=XtmuXWCFQzE



http://www.youtube.com/watch?v=x4CzqrPZtXk&feature=youtube_gdata_player

[Danke]

ok...what would be the reason they denied her a flight?...
We really don't know from that article. But if you have to sit next to her, she goes, not you. Why did she not buy the seat next to her or a business/first class seat? It would not be an issue then.

[Vanilluxe]

We really don't know from that article. But if you have to sit next to her, she goes, not you. Why did she not buy the seat next to her or a business/first class seat? It would not be an issue then.

That is not the relevant legal issue at hand. It is the assurance that the airline gave to the couple that they can accommodate their travels back to the U.S. and under such assurance the couple have expectations that the airlines will act on its parts of the purchase of the plane tickets.

[Acala]

That is not the relevant legal issue at hand. It is the assurance that the airline gave to the couple that they can accommodate their travels back to the U.S. and under such assurance the couple have expectations that the airlines will act on its parts of the purchase of the plane tickets.

Yup. But the claim should be for breach of contract, not wrongful death. An airplane is not an ambulance. Damages for breach of contract do not generally include what are called consequential damages unless those damages were foreseeable at the time the contract was made. An airline selling a ticket does not forsee that making the flight would be a matter of life and death unless the woman so specified in advance. So the proper measure of damages would be whatever it cost to make alternate arrangements for transportation.

The airline did not kill her, she killed herself. Slowly. She should not be able to kill herself slowly through her own unhealthy behavior and then her relatives sue whoever happens to be nearby when she finally drops.

If you think this lawsuit is ridiculous, you might be interested in my book on tort reform: "Pirates in the Courtroom, how lawyers hijacked the legal system and how we can get it back."

Now available as a kindle ebook. :D:D

[Danke]

That is not the relevant legal issue at hand. It is the assurance that the airline gave to the couple that they can accommodate their travels back to the U.S. and under such assurance the couple have expectations that the airlines will act on its parts of the purchase of the plane tickets.

There are all kinds of reasons to be denied boarding, you do not have a right to travel on a particular flight just because you purchased a ticket, that can be refunded.

[KingNothing]

let me get this straight...they flew her over, and then say for 'safety' reasons couldn't fly her back home?....

a case for man-slaughter at the very least.

Eh, her family will have to prove that the regulations and standards the pilot was apparently following were not properly applied... or something.

What a sick tragedy all of this is.

[KingNothing]

ok...what would be the reason they denied her a flight?...

What if the flight were overbooked? Or she lost her ID? Or she couldn't get passed security? Or the weather prevented takeoff? Or a code or regulation followed by the airline prohibited the pilot from allowing her to board the plane?

[juleswin]

Eh, her family will have to prove that the regulations and standards the pilot was apparently following were not properly applied... or something.

What a sick tragedy all of this is.

True and I agree with you, but claiming it is a sick tragedy wouldn't cut it with most jury these days. That is why its best to settle it out of court.

[Brian4Liberty]

However, Ostrov-Ronai said the captain asked Vilma Soltesz to disembark because she could not be secured in her seat due to an issue with a seat back.

Sounds like it was an issue of depth, not width...

[Confederate]

Given that Hungary is a 1st world country

lol

[The Free Hornet]

Lawsuit Nation: 407-Pound Woman Denied Flights Home, Dies Abroad

In fairness, if she was born a woman, she should die abroad.

[Confederate]

I believe KLM is responsible for a scam and a rip-off for saying they can take her back the the U.S. even talking about arrangements over the phone. Delta and Lufthansa (one of my favorite airlines besides Air France) should not be sued as they had no partake in making any arrangements with the lady prior to departure.

You know KLM and Air France are the same airline?

[Confederate]

That is not the relevant legal issue at hand. It is the assurance that the airline gave to the couple that they can accommodate their travels back to the U.S. and under such assurance the couple have expectations that the airlines will act on its parts of the purchase of the plane tickets.

I'm going to go ahead and say these two clauses probably apply in this case:


General conditions of carriage

ARTICLE VII: REFUSAL AND LIMITATION ON CARRIAGE

1. Right to refuse carriage
The Carrier may refuse to transport Passengers and their Baggage, if one or more of the following cases has occurred or is likely to occur:

(a) Carrier in its reasonable discretion determines that such action is necessary in order to comply with any applicable laws, regulations or orders of any state or country to be flown from, into or over.

(c) If a Passenger has a medical background, it is recommended that the Passenger consult a doctor before taking a flight, particularly a long-haul flight, and take all necessary precautions. Failure to do so shall be for the Passenger’s risk and account.

http://www.klm.com/travel/us_en/customer_support/booking_conditions_carriage/article_6_to_10.htm



There are all kinds of reasons to be denied boarding, you do not have a right to travel on a particular flight just because you purchased a ticket, that can be refunded.

This.

[lx43]

I read I believe that the plane had been delayed an hour trying to accommodate her so instead of delaying the 100 plus other passengers they decided to leave her behind. Sometimes you have to make choices about your customer of who to drop as a customer esp when they are not a profitable customers. Not to mention they did try to accommodate her with other airlines.