FlyerTalk Forums - View Single Post - Sexually harrased in flight by passenger; seeking advice
Old Jan 6, 2017 | 2:44 pm
  #66  
garykung
FlyerTalk Evangelist
10 Countries Visited
20 Countries Visited
30 Countries Visited
15 Years on Site
 
Join Date: Aug 2009
Location: ZOA, SFO, HKG
Programs: UA 1K 0.9MM, Marriott Gold, HHonors Gold, Hertz PC, SBux Gold, TSA Pre✓
Posts: 13,807
Originally Posted by cjermain
I'm gonna disagree with the posters who think that the OP should just move on. When the drunk offered to fight the OP, that could easily have met the legal definition of assault, at least here in Texas:

http://www.statutes.legis.state.tx.u.../htm/PE.22.htm
You seem to forget that the UA, not the alleged offender, was on trial here, if this was a trial. So when the alleged offender even assaulted OP, it did not mean UA assaulted OP.

Originally Posted by cjermain
Like most of us here, I'm no lawyer, but the "sexual harassment" the OP describes could also have been assault, depending upon what threats were made and whether there was physical contact.
There is no nexus between sexual harassment and assault. In fact, many (or most) sexual harassment are verbal, non-physical.

Originally Posted by cjermain
To all those who are saying, "take the $1000 and run". Well, we just don't know how bad it was.
We all feel for OP and his wife. The reason why we all told OP to cave in was there was practically no chance to win this case. ADA gives airlines preemption from state law. Even OP is willing to pursue the case, the case would get dismissed before you know it.

This is why we all said not worth the effort.
garykung is offline