Eric Turkewitz, The Turkewitz Law Firm, New York, NY
Monday, May 12, 2008
Jet Blue Hit With Toilet Lawsuit (Updated)
Another day, another idiot. I see the headline, "NY man sues airline over flight spent in toilet," with a demand for two million bucks, and all I can think is, Did the tort 'reformers' pay them to do that?It isn't even Christmas yet. Not even close. And yet there seems to be this compulsion to hand gifts to corporate protectionists trying to slam the courthouse doors closed.
The basic facts of the story are that the plaintiff was allowed to board a packed Jet Blue flight, but was then told he had to sit in the toilet for the second half because a flight attendant needed his seat. While the facts seem ludicrous, I'll give the guy the benefit of the doubt for the moment that someone effed up by putting one too many people on board, and that he deserves compensation of some kind (and that the FAA should investigate). If everything he says about the facts were true, as reported in the newspaper, a free ticket or two would certainly be in order. That's why we have Small Claims Court.
My beef is with the idiotic demand for millions for "extreme humiliation" in New York's Supreme Court.
Where do I start? How about here: The lawyers who brought this suit don't do personal injury law for a living. How do I know this? Easy. They sued for $2,000,000 for personal injuries. Except that every personal injury attorney in New York, or at least every one that does this on any kind of regular basis, knows that New York banned the practice of monetary demands in personal injury suits years ago. (See: New York Cleans Up Claims Act)
So after getting the big tip off that this firm didn't practice personal injury law, I logged on the court's computers to double check. The suit was brought by a firm called Akin & Smith. And if you check their web site you will see that they practice in the field of employment and discrimination suits. I see nothing about personal injury. [See Update 1 below]
Hey guys, thanks a lot for helping to smear those of us that actually practice in this arena. Really, we appreciate it. I have three cases coming up for trial for people whose lives have been profoundly altered by negligence, and now I have to hear jurors talk about crap like this?
If this guy sues JetBlue for extreme humiliation for what they did to him, can attorneys who actually know what they are doing sue him for what he has done to us?
Update 1 -- 5/15/08: It seems I missed the mark on whether this firm does personal injury work. I recieved this email about the firm from Louis J. Schepp:
You talk about the plaintiff's attorneys, Akin & Smith as not doing personal injury work. During my days (29 years) at Liberty Mutual, I had dealings, in the last few years, with this firm in cases involving personal injury in both State and Federal Court. They do a sufficient amount of personal injury work, that they should know the rules about ad damnums, but may have wanted to get the press that large ad damnums bring.Update 2: JetBlueLoo Follow-Up: What Really Happened? (5/15/08)
On the other hand they may have wanted to start the clock on removal as soon as possible. Putting the ad damnum in the complaint is good strategy, (the statute does not provide any real penalty for putting it in) as it starts the time running on Federal court removal. I had a number of cases that I removed to Federal court, that I would not have been able to do so, if the ad damnum had been in the complaint, since the 30 day time limit is unforgiving.
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Labels: Personal Injury
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Thank you for posting this. I believe JetBlue should vigorously fight this lawsuit in court. I assume the plaintiff or his legal team are looking for a quick settlement, trying to make a quick buck. The details released by the media caused me to raise my eyebrows. First, I can't imagine any airline pilot coming out of the cockpit to address a situation like this. Second, this passenger was traveling on a non-revenue "buddy pass", so he was not even a paying customer!! If successful in defending the lawsuit, JetBlue should countersue for defamation! I fly JetBlue often and believe they are the only US carrier that cares about taking care of their customers (just take a look at their customer bill of rights). Shame on this individual and his lawyers. I hope he winds up on the no-fly list!!
# posted by 
: May 13, 2008 12:22 AM
: May 13, 2008 12:22 AM
Big screw up on JB's part by not settling this quietly. Now the FAA will have no choice but to actually do something. The factual scenario described is a MAJOR no no.
# posted by : May 13, 2008 12:47 PM
: May 13, 2008 12:47 PM
Unlike the last commenter, I decline to write off the plaintiff as a lying complainer. JetBlue definitely screwed up. It doesn't matter whether how you get your ticket, JetBlue should still treat each passenger with respect and comply with safety regulations. It sounds like JetBlue was definitely in the wrong here.
That said, $2m is ridiculous. It definitely gives a bad name to tort lawyers.
That said, $2m is ridiculous. It definitely gives a bad name to tort lawyers.
# posted by : May 13, 2008 12:49 PM
: May 13, 2008 12:49 PM
I agree with the two anonymous comments. First, the fact that the lawyers may not be every day players in the personal injury arena is a non-issue and not even relevant to evaluating this case. Two, the fact that the passenger did not pay for the ticker is also a non-issue and irrelevant to the claim. Three, if the facts stated in the lawsuit are true, Jet Blue has committed gross negligent and I, as a trial lawyer, would go for their throat. There should be a count for punitive damages in the lawsuit as well--In Illinois, once you file a lawsuit, per leave of court, you may add a count for punitive damages if you show that a reasonable jury may find that punitive is warranted. In this case, I believe it is.
Instead of blaming the lawyers for defending the right of a passenger who has been shoved into a bathroom, without any safety equipment, in violation of all airline and FAA regulations and in gross violation of the care a common carrier owes to its passengers is unconscionable.
$2 Millions is a conservative demand if you ask me. I hope JB decides to take this case all the way to trial--I would love to be on that trial team. I'll rip JB a new one!!
Instead of blaming the lawyers for defending the right of a passenger who has been shoved into a bathroom, without any safety equipment, in violation of all airline and FAA regulations and in gross violation of the care a common carrier owes to its passengers is unconscionable.
$2 Millions is a conservative demand if you ask me. I hope JB decides to take this case all the way to trial--I would love to be on that trial team. I'll rip JB a new one!!
# posted by : May 13, 2008 1:05 PM
: May 13, 2008 1:05 PM
There should be a count for punitive damages in the lawsuit as well...
$2 Millions is a conservative demand if you ask me.
There was no mention of a claim for punitive damages in the article. Assuming the article to be accurate, that means the full $2M claim is for compensatory damages. For three hours of discomfort.
$2 Millions is a conservative demand if you ask me.
There was no mention of a claim for punitive damages in the article. Assuming the article to be accurate, that means the full $2M claim is for compensatory damages. For three hours of discomfort.
Okay, let's assume it was not "extreme humiliation". It was just "humiliation". What's the difference? It is clear anyway that the guy deserved a whole lot more of respect from JetBlue. While $2mm is a bit too much, one or two free tickets would definitely NOT be in order! And if you really think it would, you are also screwing up the industry the other way around. Show a little respect you too.
# posted by : May 13, 2008 2:29 PM
: May 13, 2008 2:29 PM
Defamation! Humiliation! Settlements! WOW!
America, America, God shed his grace on thee, and crown thy head with toilet seats from sea to shining sea!
America, America, God shed his grace on thee, and crown thy head with toilet seats from sea to shining sea!
# posted by : May 13, 2008 10:24 PM
: May 13, 2008 10:24 PM
Personal Injury Blog --
Are you for real dude? Calling to the carpet attorneys who are purportedly practicing outside their listed areas of practice? As if personal injury law is so laden with complexity as to befuddle a lowly employment discrimination attorney? Your egotistical reputation precedes you; if you want people to take you seriously, get real buddy.
Are you for real dude? Calling to the carpet attorneys who are purportedly practicing outside their listed areas of practice? As if personal injury law is so laden with complexity as to befuddle a lowly employment discrimination attorney? Your egotistical reputation precedes you; if you want people to take you seriously, get real buddy.
# posted by : May 14, 2008 2:13 AM
: May 14, 2008 2:13 AM
My criticism is for mucking it up by making a dumb monetary demand. Same as Judge Bork's counsel did for Bork.
So even if there is merit to the underlying claim (and we've only seen one side) then it is damaged by overstating the case.
NY law prohibits the ad damnum clause. And that is a good thing, about which almost everyone agrees.
There was no need to do that as it only hurts the client.
And that is why I criticized.
So even if there is merit to the underlying claim (and we've only seen one side) then it is damaged by overstating the case.
NY law prohibits the ad damnum clause. And that is a good thing, about which almost everyone agrees.
There was no need to do that as it only hurts the client.
And that is why I criticized.
Go sit your ass on the toilet in an airplane and see if you aren't extremely humiliated. I agree that $2 million is outrageous, but it should be a lot more than 2 tickets.
# posted by : May 14, 2008 2:47 PM
: May 14, 2008 2:47 PM
I agree that $2 million is outrageous, but it should be a lot more than 2 tickets.
Perhaps. And I might have a skewed perspective on this having traveled in many third world countries; On tops of busses, on decks of ships, and crammed cheek-to-jowl in every manner of conveyance.
And so on reflection I can see how I might be undervaluing the experience of riding in the john. But not by two million bucks. And that was the central part of my post, that such a demand was not just wholly unnecessary, but is actually counterproductive.
I also might add, in response to some of the others, that this is no reflection on the outrageousness of the conduct of Jet Blue (assuming the story to be accurate). I'm dealing here solely with the issue of compensatory damages, and not punitive (since the story didn't indicate a claim for punitives).
Perhaps. And I might have a skewed perspective on this having traveled in many third world countries; On tops of busses, on decks of ships, and crammed cheek-to-jowl in every manner of conveyance.
And so on reflection I can see how I might be undervaluing the experience of riding in the john. But not by two million bucks. And that was the central part of my post, that such a demand was not just wholly unnecessary, but is actually counterproductive.
I also might add, in response to some of the others, that this is no reflection on the outrageousness of the conduct of Jet Blue (assuming the story to be accurate). I'm dealing here solely with the issue of compensatory damages, and not punitive (since the story didn't indicate a claim for punitives).
just another case where a lawyer and an idiot sees the potential of a pile of money and rationalize that they should get hundreds of thousands of dollars for something at best is annoying and worst is terribly uncomfortable then the guy says "I just don't want this to happen to someone else." What a load of crap. I dare say there are millions of freaks like him that would welcome the airlines to place them in the lavatory so that they could possibly add 2 million to their bank account. It's all about money and anyone who says it isnt is lying or seriously in need of a therapist. Its amusing how many ppl are so supposedly so mentally anguished over such mundane things. Get over it have a laugh and get some free flights. The most incredible thing is that these ppl don't even have any shame over such ludicrous demands for compensation.
# posted by : May 14, 2008 8:19 PM
: May 14, 2008 8:19 PM
I am a flight attendant for another airline and I am having a hard time believing that story.. He is just looking to make some big money. First of all I cant imagine any employee taking a seat from a passenger like that and making him sit in the bathroom. We know as flight attendants that is breaking fars. Also there are other flight attendants on board that would not allow that. everyone of them would lose their jobs if that was true because they allowed that to happen. I dont know any employee that would say ok let him sit in the bathroom its only going to cost me my job. Jetblue wouldnt be at fault they didnt allow it infact we have rules that we follow that say we the flight attendants are accountable for breaking our fars not the company and we can be fined for it. The company and the crew should sue him for lying if he is since he has put all their jobs on the line and he has to pay all court cost and time off of work for the employees that have to go to court and meetings and the faa for having to investigate this case. A buddy pass person does have to pay something to fly I dont know how much at jetblue but it can sometimes be expensive for that pass. The person who gave it to him though will lose all their flying privilages for up to a year for his behavior if he is found out to be lying. I have had passengers on my flights ask about a bathroom that has be occupied for 15 min ..if its available if the person in there is alright. was there anyone that asked on that flight and what was the response. I think there are people that dont want to work and find the easy way out by suing for stupid reasons and this is one of them. we try and imagine the conversation...and laugh.. you have to get up and sit in the bathroom cause I want that seat. The seat I was given in the back isnt comfortable enough for me and your seat looks real comfortable so get up. oh yeah if you want something to drink while your sitting on the toliet just ring the call button in there and a flight attendant will bring you one. Also he doesn't have one witness on a full flight and a piolt would never walk out of the flight deck to address a passenger the piolt would be breaking security and lose his or her job too.
# posted by : May 15, 2008 2:05 AM
: May 15, 2008 2:05 AM
this is what another JB pilot who talked to one of our crew members on the flight posted on the same forum:
FWIW, I talked to a crewmember on the flight.
Our fearless nonrev has slightly misrepresented facts.
Consider:
The pass rider was savvy enough to ask to speak to Captain when he discovered there were no seats.
He begged CA to help him get on flight - excersising Caring value CA said he would ASK jumpseating (Not DH) FA if she was willing to give up seat for pass rider. She was.
CA goes about business. When on bathroom break, non rev approaches barrier and again really thanks CA for helping him get on. CA replies no problem - I didn't really do anything -if you want to say thanks its the FA who gave up her seat..have a nice day.
Sees nonrev after flight - very upset. He let FA sit in his seat and she fell asleep. Other FA's would (correctly) not let him sit on FA jumpseat. He was too timid to wake up FA and didn't know what to do.
Figures out what to do.. dont say anything to any crew member on plane hid in bathroom so later you can blame everyone else and file a 2 million dollar lawsuit.
FWIW, I talked to a crewmember on the flight.
Our fearless nonrev has slightly misrepresented facts.
Consider:
The pass rider was savvy enough to ask to speak to Captain when he discovered there were no seats.
He begged CA to help him get on flight - excersising Caring value CA said he would ASK jumpseating (Not DH) FA if she was willing to give up seat for pass rider. She was.
CA goes about business. When on bathroom break, non rev approaches barrier and again really thanks CA for helping him get on. CA replies no problem - I didn't really do anything -if you want to say thanks its the FA who gave up her seat..have a nice day.
Sees nonrev after flight - very upset. He let FA sit in his seat and she fell asleep. Other FA's would (correctly) not let him sit on FA jumpseat. He was too timid to wake up FA and didn't know what to do.
Figures out what to do.. dont say anything to any crew member on plane hid in bathroom so later you can blame everyone else and file a 2 million dollar lawsuit.
# posted by : May 15, 2008 2:31 AM
: May 15, 2008 2:31 AM
Certainly the pilot was sleeping with that flight attendant (jump seater) or wanted to. Why else would this guy risk his JOB and those around him to ask a BELTED passenger to get up for a jump seater. The boarding priority was followed by the ground crew CSR's. The Pilot shouldn't mess with what was established for boarding. The fact that he did was his bad & I'm pretty certain he'll pay for it. As well as the co-pilot, and those other working flight attendants that were involved in this outragious blunder. Not a one of them questioned the pilots irrational thoughts on this musical chairs? They should all be fired. Certain that if they don't have any better common sense than that, how can they be trusted in the future to dealings with on going day to day customer service issues (without making the company look like idiots). Do you think the pilot got "some" for all his thoughtful efforts on behalf of that flight attendant? I hope so for his sake, it's going to be an expensive LAY-over. Shame on the diva flight attendant, SHE KNEW exactly where she was supposto sit. I'm certain the PILOT didn't force her to make the move. "OOh, my legs are cramped... honey please go get me a seat," DIVA! Sounds like two or more people need to polish their resumes. A story for "stupid moves at work" show.
# posted by : May 15, 2008 8:21 PM
: May 15, 2008 8:21 PM
You know no matter if the guy could have done something else,The fact is he was on their ride...It was their fault he wasn't in the assigned seat.
If you try to change seats on the plane they usually nail you for that.And in this day and time they should have noticed the guy was'nt where he should have been,If he'd died in the bathroom they would have found him.The fact is nobody missed him.Overbooked overcrowded..Cough up the bucks Jetblue.Retta Maizon
If you try to change seats on the plane they usually nail you for that.And in this day and time they should have noticed the guy was'nt where he should have been,If he'd died in the bathroom they would have found him.The fact is nobody missed him.Overbooked overcrowded..Cough up the bucks Jetblue.Retta Maizon
# posted by : May 15, 2008 8:52 PM
: May 15, 2008 8:52 PM
What total nonsense. It is sad that any idiot can sue for any reason at a cost to the rest of us in valueble resources and court costs.
How did he suddenly find a seat 2 hours in to the flight? Sounds like he just didn't like the seat indicated on his boarding pass. That would not have been a seat in the bathroom.
This sounds like the nut that sued the cleaners for millions over his pants and put those poor peaople out of business.
How did he suddenly find a seat 2 hours in to the flight? Sounds like he just didn't like the seat indicated on his boarding pass. That would not have been a seat in the bathroom.
This sounds like the nut that sued the cleaners for millions over his pants and put those poor peaople out of business.
# posted by : May 15, 2008 10:29 PM
: May 15, 2008 10:29 PM
It sounds like this guy has probably filed other frivolous suits. Even if a fraction of this had any truth to it, he should be grateful that they gave him a free ride. Instead of sitting his big lazy butt on the toilet seat for 2 hours, why didn't he walk around the aisles and get some exercise.
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# posted by : May 16, 2008 7:06 PM
: May 16, 2008 7:06 PMLinks to this post:
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Eric Turkewitz has litigated New York personal injury and medical malpractice cases for 20 years, and is the founder of The Turkewitz Law Firm in New York. His firm's website is at www.TurkewitzLaw.com.
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