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Any Attorneys Here???

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Old 01-18-06, 09:43 AM
  #1  
snowy
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Any Attorneys Here???

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.
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Old 01-18-06, 09:54 AM
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Go get em, Snowy!!
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Old 01-18-06, 10:09 AM
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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.
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Old 01-18-06, 10:11 AM
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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.
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Old 01-18-06, 10:16 AM
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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
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Old 01-18-06, 10:23 AM
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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!
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Old 01-18-06, 10:24 AM
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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.
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Old 01-18-06, 10:24 AM
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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!
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Old 01-18-06, 10:26 AM
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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??
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Old 01-18-06, 10:42 AM
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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.
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Old 01-18-06, 10:46 AM
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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?
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Old 01-18-06, 10:46 AM
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Originally Posted by snowy
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.
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Old 01-18-06, 10:54 AM
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Originally Posted by caloso
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.
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Old 01-18-06, 11:32 AM
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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.
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Old 01-18-06, 11:50 AM
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Originally Posted by snowy
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.
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Old 01-18-06, 12:03 PM
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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.
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Old 01-18-06, 12:07 PM
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Are you planning to sue the batterer? Or only the deeper pockets of the airline?
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Old 01-18-06, 12:10 PM
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Glad to help snowy...I have a daughter who travels a lot on business. Be professional, keep your cool, and hold your ground.
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Old 01-18-06, 12:13 PM
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Originally Posted by rule
Be professional, keep your cool, and hold your ground.

+1
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Old 01-18-06, 01:00 PM
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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).
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Old 01-18-06, 01:47 PM
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sexual harassment is a very big offense. any witnesses to testify?
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Old 01-18-06, 01:55 PM
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Originally Posted by scarpi41
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.
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Old 01-18-06, 02:05 PM
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Man, some of the posts above are either playing devil's advocate or are really cynical when it comes to claims about sexual assault
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Old 01-18-06, 02:53 PM
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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.
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Old 01-18-06, 03:05 PM
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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.
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