Man Sues For Being Called Too Disabled To Fly

[WingNaPrayer]

After both reading the story and watching the video, I'm sorry but the ground personnel who denied this man boarding made the right call:


JACKSONVILLE, Fla. -- A Jacksonville man who said he was grounded by an airline in June has flied a lawsuit against the company. He said workers wouldn't let him fly because he's disabled.

Andy Gates suffers from a neurological disorder that has confined him to a wheelchair.

In June, he booked a flight out of the Jacksonville to Wisconsin. However, Gates said U.S. Airways denied him the right to fly.


FULL STORY

 

[Hatu]

JACKSONVILLE, Fla. -- A Jacksonville man who said he was grounded by an airline in June has flied a lawsuit against the company. He said workers wouldn't let him fly because he's disabled.

Andy Gates suffers from a neurological disorder that has confined him to a wheelchair.

In June, he booked a flight out of the Jacksonville to Wisconsin. However, Gates said U.S. Airways denied him the right to fly.

"They said I was too disabled to fly alone. I don't have enough words to describe how angry I am," Gates told Channel 4 shortly after the incident.

http://www.news4jax.com/news/14136683/detail.html

 

[EyeInTheSky]

JACKSONVILLE, Fla. -- A Jacksonville man who said he was grounded by an airline in June has flied a lawsuit against the company. He said workers wouldn't let him fly because he's disabled.

Andy Gates suffers from a neurological disorder that has confined him to a wheelchair.

In June, he booked a flight out of the Jacksonville to Wisconsin. However, Gates said U.S. Airways denied him the right to fly.

"They said I was too disabled to fly alone. I don't have enough words to describe how angry I am," Gates told Channel 4 shortly after the incident.

http://www.news4jax.com/news/14136683/detail.html

Seriously, there is no way this man should fly without a companion to assist. There has to be a line drawn -- this is a safety issue.

I can see it now...the airline was probably Southwest and they'll have a "Wheelchair Fares.."

Later,
Eye

 

[hp_fa]

Let's just wait and see if it gets past Discovery before we debate.

Anyone can and often does file suit with less than noble intentions. No idea what actually happened here. If it gets past Discovery then the case has some real merit.

That's because his ambulance chaser will have turned down the settlement and feels he can litigate and succeed.

Hmmm wonder if Bear96 took the case?

Discovery isn't a choke point of any kind. The first could be a Motion for Judgment on the Pleadings, which probably won't fly. More likely is a Motion for Summary Judgment, which if memory serves can be filed up until 60-days before trial. That is where this case may well end.

 

[hp_fa]

Well IIRC, you're correct. The first "choke point" is as you say. However, alot of judges on the East will let it go to Discovery no matter what, unless it's completely frivilous.

Correct.

Motions for Judgment on the Pleadings only address contested issues in which the Court may address simply as a matter of law within the Complaint and Answer and there are no questions of fact to be determined by the Court. Discovery automatically starts soon after the respective pleadings are lodged with the Court and is aimed at allowing the sides to learn whatever fact issues exist that lie within the scope of whatever topics or issues exist within the confines of the lawsuit.

In this case the plaintiff will likely be seeking information from the defendant (US Airways) about its policies concerning letting people with disabilities travel, how those policies are and have been enforced, prior lawsuits and claims regarding said policies and their enforcement, etc. The defendant will be seeking relevant medical information of the plaintiff, prior lawsuits and claims filed by the plaintiff, any information regarding past travel, etc. The defendant will likely be providing all of this information to one or more expert witnesses who will be asked to opine on whether the plaintiff was capable of flying without a companion under the applicable FAA and DoT regulations concerning people covered under the American's With Disabilities Act.

Also, the defendant will also likely be compelled under Discovery to submit to an Independent Medical Examination by a physician, usually a physician who will be designated as an expert witness for the defense. After all of this the expert witnesses will prepare and submit their respective reports at which time the case will be submitted for a Motion for Summary Judgment or bound over for trial if issues still exist that need to be determined by a trier-of-fact.

 

[hp_fa]

I've done other things in life besides mixing drinks and trying to sleep on short layovers in noisy hotels.

 

[luvthe9]

Anyone know is MED-LINK was involved for a pre-screening of the pax? That puts the monkey on there back.

 

[Fly4Free]

I've done other things in life besides mixing drinks and trying to sleep on short layovers in noisy hotels.

Seriously! A lot of us have. I have a degree in computer science, I have a few co-workers who work there because they wanted travel benefits. One person who comes to mind.. has a Master's degree along with another bachelor's somewhere.

Just cause we're not paid what we're really worth, doesn't mean we're high school grads or in the case of some rampers.. convicts ;P