New York Personal Injury Law Blog: JetBlueLoo Follow-Up: What Really Happened?

Eric Turkewitz, The Turkewitz Law Firm, New York, NY  

Thursday, May 15, 2008

 

JetBlueLoo Follow-Up: What Really Happened?

A new account of the JetBlue toilet lawsuit by Gokhan Mutlu is now out, differing substantially from the original story. The version that was in the news on Monday resulted from a $2M suit filed in New York for forcing this passenger to sit in the toilet. The story sounded "ludicrous" to me, and I said so (See: Jet Blue Hit With Toilet Lawsuit).

While JetBlue didn't respond in public to the allegations, another version, albeit third hand, dripped out in the comments in my blog in the post above.

According to this account, Mutlu was riding free and the captain was the one who got him on the flight:
He begged [captain] to help him get on flight - excersising Caring value CA said he would ASK jumpseating (Not [deadheading]) FA if she was willing to give up seat for pass rider. She was.
Then when the captain went to answer the call of nature mid-flight:
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.
And that, apparently, was the last the captain saw of the man until after the flight:
Sees nonrev after flight - very upset. He let [flight attendant] 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.
I can't say if this is inaccurate water-cooler gossip or an accurate account. The account is likely a mixed bag, as most such stories are when passed along like the game of telephone, but I think it's safe to say that JetBlue's account will likely vary substantially when they do respond to the suit.

The original story just seems a bit too bizarre. There would simply be waaay too many witnesses for any flight crew to allow such a violation of flight regulations to occur -- and it would involve the entire flight crew letting this happen. I remain skeptical of the original account.

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Photo credit: Wikimedia Commons

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Comments:
It's interesting that the crew member who's commenting refers to the guy as "nonrev". I suppose it's natural that the crew would draw distinctions among the passengers in terms of how much money they're paying, but it's still a bit jarring to hear the terminology used so openly. If I were a nonrev, I'd be nervous about the level of assistance I'd be getting in any sort of emergency.
 
As an airline crewmember, I want you to know that any employee traveling space available for free, or a non-employee on a buddy pass is called a non-rev. It does not indicate a lower class passenger distinction, or that the non-rev is singled out for less service or emergency aid. In fact, non-revs are considered "airline family" even if they are on buddy passes or employees from a different airline. It's a GOOD thing if the crew knows you are a non-rev. We normally give them a free headset, cocktail (if applicable), extra snacks, food or a bottle of water.

Crewmembers don't drew negative "distinctions in terms of how much money passengers are paying", we have no idea how much any passenger has paid for their ticket,and don't care; it's a non-issue. Moreover, many "revenue" passengers are on free "miles" tickets, or free upgrades, so it doesn't come into play at all.

The follow-up account sounds like a very likely scenario. Because the guy begged the Capt. to help him, the crew went out of the way to get him on board. When the non-rev F/A fell asleep in that seat that she agreed to let him have, (that he in turn, allowed her to rest in for a bit) he should have waked her, rather sitting in the lavatory on landing. A Captain ever telling a passenger to sit in the loo is inconceivable. First, he would be fined by the FAA, and likely fired. Second, since 9/11 pilots do not come into the passenger cabin areas at all, and avoid all contact with passengers. The galley is barricaded with a large cart when they come out to go to the loo. The pilots of all airlines are required by the FAA and TSA to have a strictly hands off policy regarding cabin issues even very serious ones, They will not leave the cockpit to intervene.

I hope this helps in your understanding of in-flight situations.
 
"In fact, non-revs are considered "airline family" even if they are on buddy passes or employees from a different airline. It's a GOOD thing if the crew knows you are a non-rev. We normally give them a free headset, cocktail (if applicable), extra snacks, food or a bottle of water."
I recently flew, for the first time, a round trip on a "Buddy Pass" and can confirm what the "airline crewmember" wrote...we were treated very warmly and made very welcome by the cabin crew.
 
that guy is a liar i am a flight attendant and no crew would let something like that happen..ever...
 
I am a firm believer of "the truth is in the middle". Both stories tend to make the teller come out rosey and and the other party as an idiot. I think a mix of the CA asking the non-rev passenger to let the non-rev FA use his seat for a while and to sit in the loo for a while. The Passenger then is to timid to ask for his seat back from someone who obviously works with the rest of the crew. My guess, every body screwed up here, the FA, the CA, and the non-rev passenger. The passenger should have had more backbone and asked for his seat back and the crew should have kept a better eye on him. Personally its a wash and everyone should go home and learn from it...but thats not gonna happen.
 
This update does not sound believable either. Generally stand-by "nonrev" passengers on a crowded flight have to wait until confirmed passengers are boarded. That means that the crew is already on board and he would have had no opportunity to communicate with the captain.
The ground crew is in command of the boarding process while the captain is in charge of those on board.
Hard to believe that a crew member would have time to take a 2 hour nap on a crowded 5 hour flight. Certainly not during take off and landing.
This guy is just trying to make a buck.
It is sad during a time when the airlines are struggling for survival.
 
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