Foo - Any Attorneys Here???

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I work for an Attorney but I haven't had the chance to ask him what I should do.
Here is my story,
Friday night I went to Las Vegas from Denver (Frontier Airlines), well before the flight there were two gentlemen whom were in the terminal that were kinda loud and abnoxious. I didn't pay any attention to them.
After we boarded long and behold one of the gentlemen was seated next to me. Once he sat down it was very obvious that he was DRUNK!!!!
The Main flight attentant brought him a cup of orange juice, told him to drink it.
Once we got in the air and they started serving drinks he asked if he could have a drink (beer, alcohol, etc) the main flight attentant in front of the other flight attentants told him no that he needs to drink his juice. Well he was very persistant and kept asking for more alcohol. He told them that it was his birthday and the main flight attentant said if you can prove to me its your birthday I might consider it. OKAY everyone knew this guy was DRUNK!!!
So I was like no don't serve this guy. Well they give him a shooter of Vodka in his orange juice. I was PISSED to say the least. He spilled his drink on himself as well as all over my jeans.
Well we complained to the main flight attentant and she was like I'm not responsible.
After awhile his friend whom was behind in threw a cup and it hit me in the head. I stood up and was PISSED the flight attendants didn't do anything and kinda ignored the situation.
We started to desend into Las Vegas when the gentlemen next to me GRABBED my BOOB!!! I just went off, I was extremely upset.
As we got off the plane we spoke to the Pilot and he tells us that the Denver people (people who board you in Denver told the pilot that he was DRUNK) they weren't going to let him board but the did.
Well as we were leaving the airport I saw the guy and had him arrested!!! Now because this happened on the plane the FBI was called as well as the FAA. The FBI told me that cause the guy was so drunk and doesn't remember anything that they will just release him and nothing will probably happen to him (which in my eyes is TOTALLY BS!!) But I asked about the airlines cause they are responsible for everyones safety. He told me that...... that was a whole different potato.
So I haven't heard from Frontier yet, do you think the case is worth pursuing in a lawsuit against the airlines???
Any suggestions would be great.
Snowy.
sunninho
01-18-06, 08:54 AM
Go get em, Snowy!!
KingTermite
01-18-06, 09:09 AM
Can't offer any advice....sounds like something you're just gonna get screwed on.
Although....it sounds like a hole in the airline rules....might consider bringing up a suit against the airlines for the torture you went through because they let this drunk guy on the flight and even served him more alcohol.
Might not get much money out of it...but it might get enough swift kick in the pants reactions to get the rules changed.
SpongeDad
01-18-06, 09:11 AM
Always an issue of cost. What would the complaint look like: You were assaulted, battered (at least twice) and undoubtedly emotionally distressed from the sexually offensive grab. The airline was aware of the drunk, exacerbated the drunkeness and was negligent in curtailing his activities.
Lawyer cost vs expected recovery is probably high, although the boob grab is going to push the $$ up a bit. You probably can't afford an hourly attorney.
Get a contingency fee lawyer, who will take a third, sue airline and John Doe (ask for discovery identifying the man - they will have name). Airline may settle based on its conduct and to avoid negative publicity about it's failure to protect its female passengers.
This is just my torts exam level response. Please do not mistake this for actual, quality legal advice. You need to talk to a lawyer directly and give him/her the full story and let them figure out what the tort law is in this area, including the regulations on airlines serving alcohol.
joeprim
01-18-06, 09:16 AM
Snowy
I'm really sorry this happened to you. i enjoy your posts and think of you as a nice person that doesn't derserve that kind of hassle. But is it worth the furthur hassle to sue?
Joe
Thanks everyone, Especially Spongedad. I am going to talk to my Attorney at my office here at work, I didn't yesterday cause I missed work Monday and well I was super BUSY!!!
Anyhoo all I want from the Airlines is some kind of acknowledgment from them that their staff was out of line and maybe compensation of our airline tickets. But what makes me super mad is like the law says OH YOUR DRUNK, well we will forgive your actions!!! Just total CRAP!
jyossarian
01-18-06, 09:24 AM
I think you need to consult a lawyer to find out if you have a strong case or not. Since you work for an attorney, you're already ahead of the game.
Hmmm...this is from the Customer Service Initiatives section of Frontier's website.
"Initiative 12
Be more responsive to customer complaints
Frontier Airlines, Inc., commits to meet the travel needs of all our customers. Frontier has a toll-free number to provide a single point of contact for all customer issues and commits to responding to our customers inquiries or comments within 1 business day of receiving these inquiries/comments. That number is 1-800-265-5505, press option 2 for the Customer Relations Team, and then option 1 for a Consumer Affairs Specialist."
You might work this loop and see where it gets you. Otherwise, talk to your attorneys and see what they think about the case's merits, especially whether it would be the kind taken up on a contingency basis.
Either way, I would pound the crap out of Frontier CRT people over this. What they did and the way that they handled their responsibilities was wrong and arguably not in accordance with FAA regulations. In that regard though from what I can determine, an FAA regulation, 14 CFR § 121.575, prohibits airlines from serving alcohol to intoxicated persons but provides no right of action to a third party for violation of that rule.
Good luck!
sunninho
01-18-06, 09:26 AM
I can't believe they won't let you press charges against the guy. There was definitely an assault and/or battery that occurred. If he'd done worse than that to you, would they still let him off merely because he was drunk?? :mad:
Okay I just spoke with my attorney his suggestion is to let the thing ride out alittle and if nothing happens then file a lawsuit. He thinks its worth money compensation against Frontier Airlines. He said that our Attorneys here would act on behalf of me. So I'm good.
Also Rule, thanks I will be calling Frontier as well.
What are your damages? [This isn't a snarky question] How were you harmed, what have you lost, and what do you think is the dollar amount of those damages?
jyossarian
01-18-06, 09:46 AM
Okay I just spoke with my attorney his suggestion is to let the thing ride out alittle and if nothing happens then file a lawsuit. He thinks its worth money compensation against Frontier Airlines. He said that our Attorneys here would act on behalf of me. So I'm good.
Also Rule, thanks I will be calling Frontier as well.
Snowy, when you call Frontier, you might let it "slip" that you work at a law firm. The implied threat of a lawsuit may cause them to handle your situation with more care.
jyossarian
01-18-06, 09:54 AM
What are your damages? [This isn't a snarky question] How were you harmed, what have you lost, and what do you think is the dollar amount of those damages?
I think the attorney will help determine dollar amounts for the harassment, aggravation, and emotional pain and suffering she endured, as well as a penalty amount for Frontier's poor handling of the situation.
I just spoke to Frontier Airlines, my case is under investgation right now, the guy I spoke to gave me an apology and said that this matter would be handled, He also stated since the FAA is involved there is not much more he can say but that we should hear back from them in a few days. Just so you all know this is a FEDERAL CRIME since it happened on an airplane. So its being handled at the Federal level.
Thanks everyone.
Karldar
01-18-06, 10:50 AM
Thanks everyone, Especially Spongedad. I am going to talk to my Attorney at my office here at work, I didn't yesterday cause I missed work Monday and well I was super BUSY!!!
Anyhoo all I want from the Airlines is some kind of acknowledgment from them that their staff was out of line and maybe compensation of our airline tickets. But what makes me super mad is like the law says OH YOUR DRUNK, well we will forgive your actions!!! Just total CRAP!
Don't forget, it wasn't so very long ago that you could get away with operating a motor vehicle with that excuse. If I'm in a bar, I might expect some people to be inebriated. When I travel, especially in this century, I prefer to be more aware of my surroundings. Just reaffirms what I've known all along..."People are stupid!"
On topic, I know you're covered for representation. That situation is pretty jacked up, tho. I would think airlines would be much less tolerant of situations like that in this day and age.
Yep, its terrible. I can't discribe how I felt once he grabbed me and the worse part about it...... is what he said to me " Is it really all that bad?". I was like YES your a PRICK, for whatever reason my fightgirl power didn't come out or I would have given him a piece of my fist. But its better the way we handled it.
Are you planning to sue the batterer? Or only the deeper pockets of the airline?
Glad to help snowy...I have a daughter who travels a lot on business. Be professional, keep your cool, and hold your ground. ;)
sunninho
01-18-06, 11:13 AM
Be professional, keep your cool, and hold your ground. ;)
+1
wagathon
01-18-06, 12:00 PM
Enabler 101: Sue the airline; you have huge damages. Your gripes are legitimate and that alone will pay big money. How about a class action? To get an idea of what the jury might think, do an anonymous pole, right here, to see how many believe the dude actually grabbed your boob or if you just threw that in to spice things up (kind of like throwing a severed finger into some Wendy's chili).
scarpi41
01-18-06, 12:47 PM
sexual harassment is a very big offense. any witnesses to testify?
sexual harassment is a very big offense. any witnesses to testify?
This is more like sexual assault. He touched your breasts. He needs to be punished.
I'm sorry this happened to you, Snowy. Hope you get a woman judge.
sunninho
01-18-06, 01:05 PM
Man, some of the posts above are either playing devil's advocate or are really cynical when it comes to claims about sexual assault :(
My father was an airline captain for a major carrier for the better part of 20 years. I can remember him telling stories of having passengers removed for drunken behavor many times. I can't believe Frontier let this guy on the airline after the pilot said not to. The captain of the aircraft is responsable for the safety of everyone on board while the plane is in the air. If anyone on the ground or flight attendants had gone against orders from my father to keep a passenger off for valid reasons - it would have been their jobs.
Snowy - seems to me that you have a very strong case and being that you work for an attorney that will handle the case for you there's no reason not to go after compensation for what you experienced. I hope this guy does get nailed to the wall by the Feds and its a lesson he won't EVER forget. Good luck.
FYI,
Yes, my boyfriend saw the whole boob grabbing incident. He also complained NUMEROUS times to the flight staff. They just ignored our complaints. There were TWO other passengers that complained as well.
Because the flight was in the air its a Federal Offense (this is what the FBI told me) He (FBI guy)turns it over to the US Attorneys office. Its up to the US Attorney to prosecute. The FBI guy believes because the guy was SOOO drunk and doesn't remember what he did that the US Attorneys office will just drop the claim against him.
Now the FAA side of things is TOTALLY different. The airline is responsible for everyones safety. I will see what they tell me when they get back.
I will keep everyone informed for sure. But yes, there are witnesses to him grabbing my boob so no worries on my behalf.
Snowy.
cycle17
01-18-06, 02:05 PM
Snowy..
First, I 'm very sorry that you had to go through an experience like this!
Second, I aplaud you for not just letting it go. These type of things happen all too often in society and I have a lot of respect for the fact that you are willing to take this where it needs to go, despite the hassle.
Stay strong...
I'm confused. At first you were describing a civil suit against the airline and now you're saying it's a criminal prosecution against the passenger?
jyossarian
01-18-06, 02:18 PM
I'm surprised your boyfriend didn't flip out and beat the drunk's head in. The drunk wouldn't have felt it anyway so why not?
baiskeli
01-18-06, 02:38 PM
I'm confused. At first you were describing a civil suit against the airline and now you're saying it's a criminal prosecution against the passenger?
I think it should be both. The Airline was absolutely negligent and the drunk idiot is also totally responsible for his reprehensible behavior.
Go snowy!
There is possible both a civil and criminal crime. The airline was responsible for letting him on the plane knowing full well he was DRUNK.
Secondly, he committed a crime against me ASSAULT!!! So yes both are crimes.
As for my boyfriend he SOOO wanted to beat this guy but he knew if he did that he could risk going to jail TOO. So it was best for him to keep his cool.
InfamousG
01-18-06, 03:23 PM
So... what is your ultimate goal for the case?
If it is to get the asshat thrown in jail (which will probably be no more than 120 days if anything), then while I feel it is deserving, I think it'll be a hard case to purport.
If it is to get anything more than the price you and your boyfriend paid for the tickets, plus legal fees, plus legal fees for advancing the criminal assault case then I think greed starts playing a role. How greedy do you want to be, and why? Cash doesn't heal "Emotional Damages"
So, hopefully you aren't joining the ranks of many other lawsuit filers in America that are after a quick buck after a bad day.
All I honestly want is for the airline to accept responsiblity that its their fault and that this situation should have and could have been avoided by not letting the fellow on the plane. Compensation for our tickets would be just wonderful. As for the fellow gentlemen that grabbed my boob, well what comes around goes around.
I'm not seeking HUGH MONEY DAMAGES cause I agree there are enough lawsuits in our nation that cloud the judicial system. But I do want Frontier Airlines to acknowledge that they were in the wrong for serving an already drunk individual and that the situation could have been totally avoided.
I'm FAR from Greedy but there is neglient on their part.
-=(8)=-
01-18-06, 03:38 PM
My Brother is a pilot for Continental.
The pilot has full control over who gets on the plane.
My Brother regularly toss's loser's who cant hold thier liquor
before the plane even takes off if he feels they are going to bother
his crew of other passengers.
Secondly, Im not getting why people think this is something that should be
dismissed or chastise you or filing a frivolous lawsuit. What this a**Clown
did is an assault, plain and simply. If he did it to you, he is a serial a-hole.
I would tell Frontier you are going to tell everyone you can, Operah, The Pope,
whoever will listen if they dont compensate you for the criminal assault that was
inflicted on you that they had full control over. And......get Uncle Feely to write
you an apology. Bad press might be a strong motivator in an industry that is hurting already.
Id be looking at at least an Indy Fab Crwon Jewel for making me feel better about
having some loser, creep grope me.
USAZorro
01-18-06, 03:57 PM
Go Snowy, go! Avenging and preventing wrongs (without committing any avoidable ones yourself) is the fabric of justice. Without it, civilization erodes.
I'm very sorry this happened to you, but now you are in a position to help save the world. Hold your head up and stay strong.
fwiw - keep track of all the time you've spent having to stand up for yourself. It would be wrong to try to become a millionaire off of this (at least from what's happened so far), but it has taken something that is measurable out of your life (your time). How much is your time worth to you? Don't be afraid of standing up for this too.
My Brother is a pilot for Continental.
The pilot has full control over who gets on the plane.
My Brother regularly toss's loser's who cant hold thier liquor
before the plane even takes off if he feels they are going to bother
his crew of other passengers.
Secondly, Im not getting why people think this is something that should be
dismissed or chastise you or filing a frivolous lawsuit. What this a**Clown
did is an assault, plain and simply. If he did it to you, he is a serial a-hole.
I would tell Frontier you are going to tell everyone you can, Operah, The Pope,
whoever will listen if they dont compensate you for the criminal assault that was
inflicted on you that they had full control over. And......get Uncle Feely to write
you an apology. Bad press might be a strong motivator in an industry that is hurting already.
Id be looking at at least an Indy Fab Crwon Jewel for making me feel better about
having some loser, creep grope me.
+1 dude. Snowy has a valid complaint against the individual and the airline. Hopefully the drunk dude will get whats coming to him. Having your law firm write the US Atterney stating that you desire to have this guy brought up on charges may help sway them in that direction. As far as a suit against the airline - if you give them the option of offering an appology (from someone high up in the company, not just some customer service rep) and a refund of the tickets over going public with the complaint I wouldn't blink as you may miss how fast they take option A.
P.S. - jail time or not, some dude does that to my fiancee and he's going to have a shiner on his eye to remember the incident by no matter how drunk he is.
jyossarian
01-18-06, 05:18 PM
Good luck Snowy! Hope that dude gets forced to toss salads in the joint. As for Frontier, it wouldn't kill them to act like decent human beings. They need to be held responsible for their actions.
sunninho
01-18-06, 05:21 PM
P.S. - jail time or not, some dude does that to my fiancee and he's going to have a shiner on his eye to remember the incident by no matter how drunk he is.
I don't know how smart it is to engage in a fist-fight while on a plane. You could easily go down on Federal charges as well.
yeah - never said it was a smart move. I'd just plead that it was an involentary reflex. Just like breathing or when the doc taps you on the leg. ;) Actually I'd probably just have to "restrain" him to prevent further actions.
FriarTuck
01-20-06, 03:09 PM
P.S. - jail time or not, some dude does that to my fiancee and he's going to have a shiner on his eye to remember the incident by no matter how drunk he is.
No kiding. How many guys would let another man molest his woman?
How many men here would've done nothing? And if you would've done nothing, why?
My bf did do something. We had the guy arrested, which on our behalf works in our favor. Yes, I wanted to hit the guy myself but there is a point where you have to be rational and use the incident to YOUR best advantage. Its easy to say what you would have done but until your face to face in that situation its completely different.
Exactly! I support your actions and wish for you a swift & just recourse.
I'd get a refund and avoid flying them again. There's no need to sue, but I'd slap the drunk guy.
Koffee
What, and reduce yourself to his level? :rolleyes:
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