Woman in wheelchair forced to crawl into airplane to get to her seat

[ksen]

http://abc7.com/travel/woman-in-wheelchair-sues-after-having-to-crawl-onto-plane/774450/

Theresa Purcell was taking a commuter flight from San Diego when the agent at the gate told her it was too late to set up a ramp. Purcell has a neurological disorder known as Charcot-Marie-Tooth's disease that keeps her in a wheelchair. She says in order to board the flight, she was forced to get out her wheelchair and crawl up all the way to her seat, without any assistance from the airline.

"I (said) I can't walk up on the stairs, and then she was like, so how you going get on the plane then? And I was like, oh wow," Purcell told KHON-TV. "I crawled up onto the steps. I crawled into the plane. There was no other way for me to get on the plane so I crawled up to the plane."

So it was too late to set up a ramp but there was plenty of time to watch her crawl up the stairs and to her seat?

Okay.

 

[krypton iodine sulfur]

I understand the lawsuit, but I've never understood the amounts claimed in these scenarios. The damages don't amount to millions of dollars, so the amount they are seeking must be largely punitive. I can see how that makes sense, but I cannot imagine what happened to her is the standard operating procedure for the airline or that they condone leaving people to drag themselves to their seats. Inexcusable as it is, is it not more of an isolated incident of negligent employees, or is there evidence that there is a broader issue?

Don't misunderstand. I'm not against American Airlines paying a price monetarily and publicly for this, but 2.5 million if it doesn't go to trial? Is there a practical reason for it being that high? Is it that they have to overshoot in light of the risk that they'll have a hard time ever seeing the full amount? Is there a point of principle I am missing?

 

[Sajara]

I understand the lawsuit, but I've never understood the amounts claimed in these scenarios. The damages don't amount to millions of dollars, so the amount they are seeking must be largely punitive. I can see how that makes sense, but I cannot imagine what happened to her is the standard operating procedure for the airline or that they condone leaving people to drag themselves to their seats. Inexcusable as it is, is it not more of an isolated incident of negligent employees, or is there evidence that there is a broader issue?

Don't misunderstand. I'm not against American Airlines paying a price monetarily and publicly for this, but 2.5 million if it doesn't go to trial? Is there a practical reason for it being that high? Is it that they have to overshoot in light of the risk that they'll have a hard time ever seeing the full amount? Is there a point of principle I am missing?

No one offered to help carry her at least? I mean, I could see how she might say no, but I couldn't just sit back as a passenger as someone crawls up the stairs and to their seat.

 

[krypton iodine sulfur]

I'm not sure why you quoted me.

 

[Sajara]

I'm not sure why you quoted me.

Not sure why either. I think I just hit the wrong reply button

 

[krypton iodine sulfur]

I'm not sure why you quoted me.

Not sure why either. I think I just hit the wrong reply button

Ah. Just wanted to make sure I wasn't missing something there. I've done the same thing. I use the reply button on the last post in a thread most of the time, but if I haven't logged in yet, "reply with quote" is the only option available there.

 

[NobleSavage]

I understand the lawsuit, but I've never understood the amounts claimed in these scenarios. The damages don't amount to millions of dollars, so the amount they are seeking must be largely punitive. I can see how that makes sense, but I cannot imagine what happened to her is the standard operating procedure for the airline or that they condone leaving people to drag themselves to their seats. Inexcusable as it is, is it not more of an isolated incident of negligent employees, or is there evidence that there is a broader issue?

Don't misunderstand. I'm not against American Airlines paying a price monetarily and publicly for this, but 2.5 million if it doesn't go to trial? Is there a practical reason for it being that high? Is it that they have to overshoot in light of the risk that they'll have a hard time ever seeing the full amount? Is there a point of principle I am missing?

Have you ever done much negotiating? Your first offer is always a total BS offer. Same in lawsuits. American Airlines will offer some free flights.

 

[dismal]

Refused to set up ramp not equal forced her to crawl into airplane.

 

[Tom Sawyer]

Refused to set up ramp not equal forced her to crawl into airplane.

And the other way she could have gotten on was ...

 

[Warpoet]

And the other way she could have gotten on was ...

Levitation, obviously.

 

[barbos]

Airline is supposed to know that they have a wheelchair passenger and therefore it can't be too late for them, no?
Did she buy ticket without notifying that she was in wheelchair?
That's seriously messed up. Even if it was her fault they should have delayed the flight a little and not let hew to crawl.

 

[barbos]

I understand the lawsuit, but I've never understood the amounts claimed in these scenarios. The damages don't amount to millions of dollars, so the amount they are seeking must be largely punitive.

The link I have says she is suing for $75k plus punitive. Does not seem excessive to me at all.

https://www.yahoo.com/travel/wheelchair-bound-woman-forced-to-crawl-onto-plane-121027355892.html

In response, Purcell has filed a lawsuit asking for $75,000 in general damages, plus punitive damages.

 

[krypton iodine sulfur]

The link I have says she is suing for $75k plus punitive. Does not seem excessive to me at all.

I don't actualy see where there are $75,000 worth of damages, but conceivably there are ways that could happen, I suppose. My comments are based on the link in the op which states 2.5 million in a settlement and substantially more if it goes to trial. If true, that would mean it is mostly punitive. If this is an isolated even due to shitty staff, some punitive action makes sense to make sure it doesn't get brushed aside, but it seems high for something it doesn't seem the airline condones or would support in the future. If they had a negligent policy or there was a pattern of abuse, by all means go wild, but is that really the case here?

I don't actually care as far as the company is concerned. It's just, even if they do earn in the billions, the amount seems disproportionate to the minimal need for punishment.

 

[Axulus]

If crawling onto the airplane damaged her emotionally to the tune of $75,000, why didn't she refuse to board the flight, reschedule, and get damages for the lost time/inconvenience? It's not like they shocked her with a cattle prod unless she crawled onto the flight.

 

[zorq]

If crawling onto the airplane damaged her emotionally to the tune of $75,000, why didn't she refuse to board the flight, reschedule, and get damages for the lost time/inconvenience? It's not like they shocked her with a cattle prod unless she crawled onto the flight.

Maybe she was going on the last flight to only daughter's funeral and missing the funeral may have been worth more than $150,000 to her. Or maybe she was headed to interview for a lucrative and difficult to acquire job interview and missing the interview would have impacted her income for years. Or any other explanation. You don't know her situation.

Sometimes time is the most valuable resource we have.

 

[Jolly_Penguin]

Don't misunderstand. I'm not against American Airlines paying a price monetarily and publicly for this, but 2.5 million if it doesn't go to trial? Is there a practical reason for it being that high? Is it that they have to overshoot in light of the risk that they'll have a hard time ever seeing the full amount? Is there a point of principle I am missing?

Typically the Plaintiff's lawyer will claim for the insurance limits (if insurance applies) or for another much higher amount than they plan on winning. You have to do that because if you don't, and they can prove they could have gotten more than you claimed for them, you as the lawyer can be sued for the difference. In personal injury claims here in Ontario, most lawyers issue claims at the insurance limits of one million dollars, even for minor accidents that they know they won't get over $10,000 on. I would be pretty shocked if you found a superior court (not small claims court) action for personal injuries under a million. No lawyer wants to take that risk.

 

[Nice Squirrel]

Did they offer to assist her?

 

[scombrid]

So it was too late to set up a ramp but there was plenty of time to watch her crawl up the stairs and to her seat?

Okay.

Yeah, pretty much. Depending on how it unfolded.

It was one of those little planes out on the tarmac with the roll up stairs. It may have taken awhile to fetch a ramp from another gate.

A piece of information missing in this thread is whether or not she indicated the wheelchair when purchasing the ticket. If she just rolled up to the gate when the flight was already boarding and requested the ramp that could put the airline in a bind. Delay the flight to fetch a ramp, reschedule this lady, or find some way to get her up the stairs.

Frankly, she has a grievance if she indicated at time of purchase that she was in a wheelchair. She does not have a grievance (IMO) if she rolled up to the gate and notified the gate attendants last minute of her need.

I would also like to know if they offered to assist or accommodate her in any way if a ramp could not be made available in a timely fashion.

I've done a fair amount of traveling on several airlines: Delta, US Airways, Allegiant, Southwest, KLM/Northwest, TAP, Air France, Air Tran, Continental, Jet Blue, United, Virgin, Malev and I've never encountered any of them leaving wheelchair passengers hanging. I can't imagine that American (which I have somehow avoided but will be using next month to go to Oregon) or its regional contractors has a policy of being a dick to passengers that need accommodation.

 

[dismal]

Refused to set up ramp not equal forced her to crawl into airplane.

And the other way she could have gotten on was ...

I assure you my statement is true. Think for a moment.

 

[ksen]

Did they offer to assist her?

I (said) I can't walk up on the stairs, and then she was like, so how you going get on the plane then?

If this statement is accurate then I'd say no, they didn't offer to assist her. Which would also be borne out by the fact they just stood there and watched her crawl up and into the plane.