Pax Sues EY After Obese Seatmate Forced Him Into Contortions
A man is suing EY, claiming he
injured his back by being forced into contortions while sitting next to an
obese man who coughed a lot.
James Andres Bassos filed suit
in Queensland, Australia, saying he was forced to twist his body for long
periods on a flight from SYD to DXB. Bassos’s claim states the “grossly
overweight” passenger was spilling into his seat, coughing frequently and had
fluid coming from his mouth.
After 5 hr he asked to be moved
but airline staff allegedly refused. 1/2 hr later, Bassos complained again and
he was moved to a crew seat. However, he had to return to his seat next to the
man later for another hour, and again for the final 90 min. of the flight for
Bassos is claiming damages for
personal injuries, saying that being forced to twist his body for such a long
time to avoid contact with the other passenger gave him a back injury and
exacerbated an existing back condition.
EY tried to have the claim
thrown out and argued it was not unusual to have overweight pax taking up too
much space, or coughing passengers.
However Brisbane district court
Judge Fleur Kingham refused to strike out the claim. Kingham said she wasn’t
convinced Bassos had no chance of winning. She ordered him to undergo a medical
examination in Brisbane in December.