Delta passenger wins $1.25 mln for landing trauma

Gordon Werner · 08-23-2001, 08:53 PM

Delta passenger wins $1.25 mln for landing trauma

BILLINGS, Mont., Aug 23 (Reuters) - A Montana woman who suffered emotional trauma during an emergency landing aboard a Delta Air Lines jet has been awarded $1.25 million in damages by a jury which concluded her ordeal resulted in physical injury, her lawyer said on Thursday.

Kathy Weaver, 44, was awarded the damages on Wednesday after fellow passengers testified they believed they were all going to die when their MD-11 jet made an emergency landing at a military base near Dayton, Ohio, in 1996. Atlanta-based Delta Air Lines Inc. said it would appeal.

"This jury had an opportunity to listen to the evidence and concluded that Kathy had suffered greatly," attorney Randy Bishop told Reuters. "They were trying to get the message to Delta that they should stop disrespecting her and her claim."

A spokeswoman for Delta said the award went beyond the provisions of the Warsaw Convention on airline liability limiting compensation to instances of physical injury. Bishop, however, argued successfully that the post-traumatic stress disorder his client suffered was in fact a physical injury.

Weaver was aboard a Delta flight from London to Cincinnati on Nov. 7, 1996 when the aircraft began experiencing mechanical problems as it neared its destination. When a passenger asked a flight attendant what was going on, "she kneeled besideme and said 'We're going to die,"' he told the jury.

Bishop said panic then spread throughout the plane. "Grown men and women were crying hysterically .... nearly everybody vomited, the stench of vomit filled the cabin," Bishop said. "People were calling home to say their last goodbyes."

The cockpit crew, battling both mechanical problems which made the aircraft difficult to control and stormy weather, eventually brought the plane down at a military base near Dayton -- where passengers where immediately hustled off the plane and into a nearby hangar because of an approaching tornado.

Following the incident, Weaver said she suffered nightmares and flashbacks, leaving her unable to cope with life. Delta said Weaver's problems were from other causes.

Bishop argued Weaver's long-standing depression left her more susceptible to post-traumatic stress disorder, citing reports from her therapist saying she was unable to work at the same level as before the 1996 incident. The award comes two years after the judge in the case ruled that Weaver was entitled to damages because her terror during the landing led to physical changes within the brain that could be defined as injury.

Delta spokeswoman Cindi Kurczewski said the airline still did not believe the award was justified. "We will appeal the case...we do believe that our crew did an outstanding job in a very difficult situation that day," Kurczewski told Reuters.

DeltaFlot · 08-24-2001, 01:54 AM

This is another example of the liberal left using lawyers to get money from big companies. i mean really, do you all honestly think a flight attendant is going to tell a passenger they were going to die! How absurd! I hope Delta can prove that this lady is a big phoney. This is the sort of thing that makers me think Shakespeare had it right when he said, "Kill all the lawyers."

Tony Sepanski · 08-24-2001, 11:12 AM

Fortunately, it's highly likely that a case this stupid and lacking in common sense will get thrown out on appeal. But Delta will still end up paying some (large) figure to the idiot involved and her pus-sucking attorney.

So, Delta F/A's are telling their passengers they're all going to die? BILL G - have you guys adopted this sterling bit of customer service yet?

Actually, what Kathy Weaver, 44, of Billings, MT needs is a quick bullet to the head since she can't deal with life. It's really the only humane thing to do with someone so lacking the skills at coping with adversity. It would really be doing her family a favor since they won't have to be burdened by her overwhelming inability to conduct day-to-day activities. I'm surprised the courts didn't recommend this course of action....

Foxflys · 08-24-2001, 01:15 PM

Quote:

Originally posted by Tony Sepanski

Actually, what Kathy Weaver, 44, of Billings, MT needs is a quick bullet to the head since she can't deal with life. It's really the only humane thing to do with someone so lacking the skills at coping with adversity. It would really be doing her family a favor since they won't have to be burdened by her overwhelming inability to conduct day-to-day activities. I'm surprised the courts didn't recommend this course of action.... [/b]

Stop the violence!

cyfler · 08-24-2001, 01:36 PM

Just out of curiosity... were there any passengers who corroborated her claim that the F/A said they were all going to die? I find that unbelievable.

AlphaSigOU · 08-24-2001, 06:21 PM

Quote:

Originally posted by cyfler
Just out of curiosity... were there any passengers who corroborated her claim that the F/A said they were all going to die? I find that unbelievable.

If such was the case, she ain't long for the unemployment lines.

And as Bill Shakespeare once said: "The first thing we do, let's kill all the lawyers!"

justplaneobsessed · 08-25-2001, 08:46 AM

Jezz, are you serious? As much as I love America, I don't understand how you could let cases like this prosper.

Edwin

Jao · 08-25-2001, 11:15 AM

Hmmmmm.......I'd like to get that $1.25mln dollar though....hehehe

for my collection that is

AlphaSigOU · 08-26-2001, 11:02 AM

Quote:

Originally posted by justplaneobsessed
Jezz, are you serious? As much as I love America, I don't understand how you could let cases like this prosper.

Edwin,

Because unfortunately in recent years America has had a litigious climate (sue the living s*** outta them), no doubt fostered by shysters (excuse me, attorneys) who will literally extort money out of a company for a quick windfall. And they'll take at least 30% off the judgment for their fees.

Some claims are just downright frivolous, but corporations are so afraid of the bad publicity that they'll belly up and settle rather than have dirty laundry aired in court, where it's part of the public record.

N464AT · 08-27-2001, 11:05 AM

The way I see it, if you step on board an aircraft, you accept the chances that something anywhere from a minimal to a catastrophic accident might affect the safe operation of the aircraft. Everyone knows this and accepts the risks anyway in order to enjoy the benefits of air travel. If she has suffered, I am sorry. But this is why some people don't fly because of fears. i.e. John Madden ride only on a bus to his football games. I just don't see how someone can buy a airline ticket and not even think about what might happen. Lawyer are amazing people. They are able to infuence people on emotions to the point the jury doesn't look at a case with common sence. I don't see how Delta could be proven to have malitious intentions in its actions.

Ming Lee · 08-27-2001, 12:38 PM

One thing odd about this case is if the situation was so bad why was there only one person suing ? It should have been a class action case.....

Stanman · 08-27-2001, 03:46 PM

If Americans don't watch out, I have a feeling the lawyers will eventually bring about the ruin of the United States of America. With all these frivilous law suits I hope the corporations start getting smarter and fighting them instead of settling. Every time a case is settled, it promotes more people to sue in the hopes of obtaining a settlement. On the other hand, if the defendant was guilty as sin then of course it makes sense to settle.

Forrest Tohill · 08-27-2001, 05:36 PM

I love lawyers no more than the rest of you, but is it really the lawyers that have created this litigious society?

Sure they market themselves more aggressively every day and will ride the ambulance right up to your front porch, but - with whom does the ultimate MORAL decision of whether "to sue or not to sue" lie? With the individual, not with the attorney.

I would argue that SOCIETY is less moral and more litigious - the lawyers are the natural outgrowth of that. Everyone is quick to blame someone else for their misfortune rather than think that it may just be their own damn fault. But no! "I'm injured and it isn't my fault so it must be "someone's" fault so I'll have to sue "someone"."

That's the mentality in my view.

Tony Sepanski · 08-27-2001, 07:22 PM

Forrest - you're absolutely right. No lawyer is putting a gun to anyone of these peoples heads and saying "you must sue, you must hire a lawyer!"

However, there are quite a few individuals out there that would argue that putting the potential to gain millions of dollars in front of someone is more powerful than putting a gun to their head.

I understand that sentiment, but it does boil down to self control and personal responsibility. Just because you CAN sue everyone for every slight that was ever put upon you doesn't mean you SHOULD....

Scott · 08-27-2001, 10:43 PM

I am certain that video cameras will eventually scan cockpits to aid crash investigators as an adjunct to digital flight and voice recorders. Once this is accomplished will cameras view the cabin to document air rage perpetrators? Taken one step further, let's also monitor flight attendant performance. At least pilots will carry "camera condoms" to darken this latest intrusion.

justplaneobsessed · 08-28-2001, 01:52 AM

Quote:

Originally posted by Ming Lee
One thing odd about this case is if the situation was so bad why was there only one person suing ? It should have been a class action case.....

That's a very good point and one that I think should have convinced the jury of the stupidity of this case. 30%?! Jezz, no wonder you've got so many ambulance chasers...

Edwin

08-23-2001, 08:53 PM	#1
Gordon Werner Insane Collector Join Date: Jun 1998 Location: Somewhere else Age: 37 Posts: 2,059	Delta passenger wins $1.25 mln for landing trauma Delta passenger wins $1.25 mln for landing trauma BILLINGS, Mont., Aug 23 (Reuters) - A Montana woman who suffered emotional trauma during an emergency landing aboard a Delta Air Lines jet has been awarded $1.25 million in damages by a jury which concluded her ordeal resulted in physical injury, her lawyer said on Thursday. Kathy Weaver, 44, was awarded the damages on Wednesday after fellow passengers testified they believed they were all going to die when their MD-11 jet made an emergency landing at a military base near Dayton, Ohio, in 1996. Atlanta-based Delta Air Lines Inc. said it would appeal. "This jury had an opportunity to listen to the evidence and concluded that Kathy had suffered greatly," attorney Randy Bishop told Reuters. "They were trying to get the message to Delta that they should stop disrespecting her and her claim." A spokeswoman for Delta said the award went beyond the provisions of the Warsaw Convention on airline liability limiting compensation to instances of physical injury. Bishop, however, argued successfully that the post-traumatic stress disorder his client suffered was in fact a physical injury. Weaver was aboard a Delta flight from London to Cincinnati on Nov. 7, 1996 when the aircraft began experiencing mechanical problems as it neared its destination. When a passenger asked a flight attendant what was going on, "she kneeled besideme and said 'We're going to die,"' he told the jury. Bishop said panic then spread throughout the plane. "Grown men and women were crying hysterically .... nearly everybody vomited, the stench of vomit filled the cabin," Bishop said. "People were calling home to say their last goodbyes." The cockpit crew, battling both mechanical problems which made the aircraft difficult to control and stormy weather, eventually brought the plane down at a military base near Dayton -- where passengers where immediately hustled off the plane and into a nearby hangar because of an approaching tornado. Following the incident, Weaver said she suffered nightmares and flashbacks, leaving her unable to cope with life. Delta said Weaver's problems were from other causes. Bishop argued Weaver's long-standing depression left her more susceptible to post-traumatic stress disorder, citing reports from her therapist saying she was unable to work at the same level as before the 1996 incident. The award comes two years after the judge in the case ruled that Weaver was entitled to damages because her terror during the landing led to physical changes within the brain that could be defined as injury. Delta spokeswoman Cindi Kurczewski said the airline still did not believe the award was justified. "We will appeal the case...we do believe that our crew did an outstanding job in a very difficult situation that day," Kurczewski told Reuters.

08-24-2001, 01:54 AM	#2
DeltaFlot The Patriot Join Date: Jan 2001 Location: Laurel, MD Age: 35 Posts: 3,228	Typical :( This is another example of the liberal left using lawyers to get money from big companies. i mean really, do you all honestly think a flight attendant is going to tell a passenger they were going to die! How absurd! I hope Delta can prove that this lady is a big phoney. This is the sort of thing that makers me think Shakespeare had it right when he said, "Kill all the lawyers." __________________ Febuary 15, 1898 December 7, 1941 June 8, 1967 September 11, 2001 Never Forget, Never Forgive If you kick the Tiger in the arse, you better be able to deal with the Tiger's teeth.

08-25-2001, 11:15 AM	#8
Jao Insane Collector Join Date: Jul 2001 Location: Quezon City, Metro Manila, Philippines Age: 31 Posts: 1,782	Hmmmmm.......I'd like to get that $1.25mln dollar though....hehehe for my collection that is __________________ JAO Please visit my webshots for more pictures.Thank you. http://community.webshots.com/user/jaopao http://www.wings900.com/gallery/show...t=1&ppuser=602

08-27-2001, 05:36 PM	#13
Forrest Tohill Master Collector Join Date: Dec 1999 Location: Dallas, Texas, USA Age: 50 Posts: 713	Getting a bit OT... I love lawyers no more than the rest of you, but is it really the lawyers that have created this litigious society? Sure they market themselves more aggressively every day and will ride the ambulance right up to your front porch, but - with whom does the ultimate MORAL decision of whether "to sue or not to sue" lie? With the individual, not with the attorney. I would argue that SOCIETY is less moral and more litigious - the lawyers are the natural outgrowth of that. Everyone is quick to blame someone else for their misfortune rather than think that it may just be their own damn fault. But no! "I'm injured and it isn't my fault so it must be "someone's" fault so I'll have to sue "someone"." That's the mentality in my view.

08-27-2001, 10:43 PM	#15
Scott Insane Collector Join Date: Mar 2000 Location: Escondido, Ca. USA Age: 49 Posts: 2,763	I am certain that video cameras will eventually scan cockpits to aid crash investigators as an adjunct to digital flight and voice recorders. Once this is accomplished will cameras view the cabin to document air rage perpetrators? Taken one step further, let's also monitor flight attendant performance. At least pilots will carry "camera condoms" to darken this latest intrusion. __________________ Fly the Friendly Skies of United uniTED takes wing Feb 12, 2004

08-24-2001, 11:12 AM	#3
Tony Sepanski Master Collector Join Date: May 2000 Location: Seattle, WA, USA Posts: 798	Fortunately, it's highly likely that a case this stupid and lacking in common sense will get thrown out on appeal. But Delta will still end up paying some (large) figure to the idiot involved and her pus-sucking attorney. So, Delta F/A's are telling their passengers they're all going to die? BILL G - have you guys adopted this sterling bit of customer service yet? Actually, what Kathy Weaver, 44, of Billings, MT needs is a quick bullet to the head since she can't deal with life. It's really the only humane thing to do with someone so lacking the skills at coping with adversity. It would really be doing her family a favor since they won't have to be burdened by her overwhelming inability to conduct day-to-day activities. I'm surprised the courts didn't recommend this course of action....

08-24-2001, 01:36 PM	#5
cyfler Senior Collector Join Date: Mar 2000 Location: Dallas, Texas USA Posts: 359	Just out of curiosity... were there any passengers who corroborated her claim that the F/A said they were all going to die? I find that unbelievable.

08-25-2001, 08:46 AM	#7
justplaneobsessed Insane Collector Join Date: Jan 2001 Location: Quezon City, MM, Philippines Posts: 1,884	Jezz, are you serious? As much as I love America, I don't understand how you could let cases like this prosper. Edwin

08-27-2001, 11:05 AM	#10
N464AT Junior Collector Join Date: Jul 2000 Location: Orlando, FL, USA Posts: 24	The way I see it, if you step on board an aircraft, you accept the chances that something anywhere from a minimal to a catastrophic accident might affect the safe operation of the aircraft. Everyone knows this and accepts the risks anyway in order to enjoy the benefits of air travel. If she has suffered, I am sorry. But this is why some people don't fly because of fears. i.e. John Madden ride only on a bus to his football games. I just don't see how someone can buy a airline ticket and not even think about what might happen. Lawyer are amazing people. They are able to infuence people on emotions to the point the jury doesn't look at a case with common sence. I don't see how Delta could be proven to have malitious intentions in its actions.

08-27-2001, 12:38 PM	#11
Ming Lee Collector Join Date: Jul 2000 Posts: 63	One thing odd about this case is if the situation was so bad why was there only one person suing ? It should have been a class action case.....

08-27-2001, 03:46 PM	#12
Stanman Senior Collector Join Date: Oct 1999 Location: Waxahachie, Texas, USA Posts: 426	If Americans don't watch out, I have a feeling the lawyers will eventually bring about the ruin of the United States of America. With all these frivilous law suits I hope the corporations start getting smarter and fighting them instead of settling. Every time a case is settled, it promotes more people to sue in the hopes of obtaining a settlement. On the other hand, if the defendant was guilty as sin then of course it makes sense to settle.

08-27-2001, 07:22 PM	#14
Tony Sepanski Master Collector Join Date: May 2000 Location: Seattle, WA, USA Posts: 798	Forrest - you're absolutely right. No lawyer is putting a gun to anyone of these peoples heads and saying "you must sue, you must hire a lawyer!" However, there are quite a few individuals out there that would argue that putting the potential to gain millions of dollars in front of someone is more powerful than putting a gun to their head. I understand that sentiment, but it does boil down to self control and personal responsibility. Just because you CAN sue everyone for every slight that was ever put upon you doesn't mean you SHOULD....

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