NOTICE OF SETTLEMENT IN UNITED AIRLINES PERSONAL INJURY CASE BEFORE U.S. DISTRICT COURT
January 19, 2018
On July 14, 2016, plaintiff Thelma Kiger filed a complaint concerning a personal injury claim against United Airlines, Inc. (United) in the civil docket for the U.S. District Court for the Southern District of Texas.
On February 18, 2016, the plaintiff, an 89-year old woman, traveled from Los Angeles to Houston on United Airlines flight 1817. The complaint alleged that the plaintiff was given a wheelchair voucher by United for her arrival in Houston and was told prior to departure that a wheelchair would be waiting for her upon arrival at George Bush Intercontinental Airport. After waiting several minutes for her wheelchair upon arrival, a man operating an electric cart stopped near the plaintiff, escorted her onto the cart by foot, and later dropped her off near the escalator down to baggage claim without providing a wheelchair. The plaintiff subsequently fell on the escalator and sustained several injuries, including four fractured ribs, a fractured pelvis, and injuries to her left shoulder, left arm, back and legs.
The complaint alleged negligence in United’s acts and omissions, as well as negligence per se and negligent training based on United’s alleged failure to comply with DOT’s disability regulations (Part 382). While the regulation does not allow for a private right of action for individuals to sue carriers for violations of Part 382, the plaintiff nonetheless attempted to incorporate the standards of Part 382 in her complaint. The Court did not reach the legality of this claim because the matter was ultimately settled.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).
Share This Post
Authors
