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What would you do if punched by a gate agent?

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Old Feb 25, 2015, 9:38 pm
  #31  
 
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Originally Posted by DiverDave
You can sue a company for an employee's actions while in the employ of the company. I'm not sure you can sue the company for the employee demanding her day in court.
You most certainly can sue. Getting past a summary judgement and prevailing is of course something entirly different. Litigation is often a strategy, rather than an end-game. Ask yourself which potentially gets more media attention, the press release announcing that you've filed suit against Delta for damages resulting from being assaulted by an on-duty DAL employee or the clipping 3 - 4 months later that the suit was dismissed on its merits?

A letter notifying Delta that the OP's sister has retained counsel in this matter, along with a copy of the original request for compensation, could well shake loose the "goodwill" offer from Delta that many have suggested would be wise for them to make, regardless of actual liability.

Originally Posted by BobH
+1

but without a police report or hospital report, I doubt a lawyer would take this case because there isn't much to go on

Bob H
I believe a call to 1-800-DEFENDANTWITHDEEPPOCKETS would suffice.
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Old Feb 25, 2015, 9:46 pm
  #32  
 
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Originally Posted by dilbertsdaddy
I was wondering why everyone was accepting the story without question. None of us know what really happened but it seems more likely an irate passenger would push an agent that the other way around. With all due respect to OP, story does not pass the smell check.
On what basis do you think the story does not pass the smell check? The FT community is built on trust and unless I see evidence that the OP is lying, I'm trusting him/her. Otherwise, we may as well as close down the forum since we wouldn't be able to verify and trust any stories posted here.
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Old Feb 25, 2015, 10:21 pm
  #33  
 
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Originally Posted by Arch103
OK. Thanks for everyone's input. I always learn a lot on this board. And no, I don't post here or anywhere else. I only post if I actually know something that others don't (which isn't too often). Here is my take away for all your help.

Yes, get legal advice from a lawyer, not online. Totally agree on that.
Yes, this was a tempest caused by the employee, not Delta. Agree.
Yes, this could be pursued, but at this point, Delta doesn't seem too interested in doing anything to make things right, and as some have pointed out, it is probably just time to chalk this up to a really bad customer experience.

We have pages and pages of letters, statements, and court etc. papers, but the net dollar amount is low. Life is short. And without video these days it is hard to prove much. So be it.

On the other hand, for a company that gets thousands of dollars from our household per year, it is sort of sad to see how this all played out. Service recovery is something most firms try to work on and in the grand scheme it doesn't seem like it would have been hard to "do this right". But, there may be some angles that Delta sees in this that I don't that tie their hands.

In any case, thanks to those of you that contributed.
I agree with the others that your sister needs legal guidance, I'm surprised she did not get it from her original attorney. I did want to ask a clarifying question though.

Was the suit your sister had to defend against a criminal suit or civil suit? While people love to talk about "pressing charges", the reality is that in a criminal suit the decision maker is the District Attorney's office.

As to the service recovery, according to your OP, your sister filed a complaint and was given a gift certificate which your sister accepted.

What happened next whether it was a criminal or civil suit was entirely out of Delta's hands so I'm not sure what is needed to recover here?
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Old Feb 25, 2015, 10:22 pm
  #34  
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My answer to the question posed in the thread title would be, upon reflection, to hope that I would have the presence of mind in a very upsetting situation to document what had happened: find any witnesses and try to get their contact information if not also actual statements at the time, take the time to get as complete of a police report as possible, photograph injuries and anything about the situation (i.e., picture of the bag in question, gate area, arrival time from a nonitor or gate display), and perhaps get medical treatment or at least have impartial medical professionals document and photograph all injuries.

I missed the earlier fact that the courtroom proceeding was criminal rather than civil, which then IMO gives DL more ability to urge the employee not to proceed with a complaint. It also makes me wonder why the DA didn't exercise judgment in deciding whether to drop the case rather than proceeding with the prosecution (or seeking a plea bargain). Here too DL could have stepped in to encourage or discourage the criminal proceedings IMO and it would seem rather odd to me for a case like this to be pursued if DL wanted the matter to be dropped.
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Old Feb 25, 2015, 10:32 pm
  #35  
 
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Who doesn't recognize their own bag?
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Old Feb 25, 2015, 10:45 pm
  #36  
 
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Originally Posted by Michael El
Who doesn't recognize their own bag?
I was thinking the same thing. But, I'm sure there are millions of infrequent flyers (kettles, if you will) who probably purchase the same black American Tourister luggage found at Walmart or Target that's in pristine condition because it never gets used. Mine, OTOH, is blue with unique staining from all the trips to and from the luggage hold that I can spot it from a hundred yards away.
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Old Feb 25, 2015, 10:58 pm
  #37  
 
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Originally Posted by yohanson
I was thinking the same thing. But, I'm sure there are millions of infrequent flyers (kettles, if you will) who probably purchase the same black American Tourister luggage found at Walmart or Target that's in pristine condition because it never gets used. Mine, OTOH, is blue with unique staining from all the trips to and from the luggage hold that I can spot it from a hundred yards away.
Good points. I put these distinct bag tags on all of my luggage.
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Old Feb 25, 2015, 11:05 pm
  #38  
 
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Originally Posted by Michael El
Good points. I put these distinct bag tags on all of my luggage.
Good call!
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Old Feb 26, 2015, 12:25 am
  #39  
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Originally Posted by javabytes
We will never know Delta's side of the story. This is an internet discussion forum. Whenever threads like this occur (Airline X wronged person Y in manner Z), there is an extent to which OP is taken at their word simply for the purposes of discussion. There would never be anything to discuss otherwise. Whether or not the people responding actually state this in their response, read each reply as "If X, Y, and Z did in fact happen, then this would be the appropriate response."
I really don't get where your bitterness to the OP comes from.

"Diatribe" definition from Merriam Webster: "an angry and usually long speech or piece of writing that strongly criticizes someone or something" or "a bitter and abusive speech or piece of writing" or "ironic or satirical criticism".

There is nothing in the OP's post that I see as a diatribe. What I read was a transparent description of an event as he understood from his family member, reasoned concern and query for advice from other frequent flyers.

As others have mentioned, by the very nature of this medium (an internet forum) we are very rarely going to actually hear both sides of a customer service issue. Most airlines don't post official responses to issues like this on the forum.
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Old Feb 26, 2015, 12:45 am
  #40  
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Originally Posted by jbb
I really don't get where your bitterness to the OP comes from.

"Diatribe" definition from Merriam Webster: "an angry and usually long speech or piece of writing that strongly criticizes someone or something" or "a bitter and abusive speech or piece of writing" or "ironic or satirical criticism".

There is nothing in the OP's post that I see as a diatribe. What I read was a transparent description of an event as he understood from his family member, reasoned concern and query for advice from other frequent flyers.

As others have mentioned, by the very nature of this medium (an internet forum) we are very rarely going to actually hear both sides of a customer service issue. Most airlines don't post official responses to issues like this on the forum.
didn't think I had any bitterness towards OP...?
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Old Feb 26, 2015, 1:20 am
  #41  
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Originally Posted by javabytes
didn't think I had any bitterness towards OP...?
My apologies javabytes!!! I quoted the wrong post!!!

I meant to respond to this one from SCEFlyer (Post #20), hence my reference to "Diatribe"

"Say whatever you want, but at the end of the day, this isn't about me.

Let's remember that the OP wasn't at ALB when the alleged transgression occured, so anything that he writes is second or third hand.

Finally, he is posting this diatribe in the hope of obtaining sympathetic ears, which he has apparently done with some success.

Again, I can't understand how so many of you are willing to pile on without knowing all of the facts."
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Old Feb 26, 2015, 2:45 am
  #42  
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Go to court, adding some NIED charges. Negligent infliction of emotional distress rarely wins but it always creates hassle and nuisance for the accused party
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Old Feb 26, 2015, 2:50 am
  #43  
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Originally Posted by jbb
I really don't get where your bitterness to the OP comes from.

"Diatribe" definition from Merriam Webster: "an angry and usually long speech or piece of writing that strongly criticizes someone or something" or "a bitter and abusive speech or piece of writing" or "ironic or satirical criticism".

There is nothing in the OP's post that I see as a diatribe. What I read was a transparent description of an event as he understood from his family member, reasoned concern and query for advice from other frequent flyers.

As others have mentioned, by the very nature of this medium (an internet forum) we are very rarely going to actually hear both sides of a customer service issue. Most airlines don't post official responses to issues like this on the forum.
Even taking into account the medium we are dealing with, I find it depressing to hear so many people push the "sue, sue, sue!" / "take 'em to small claims court" message. Given that this is only one side of the situation and still some open points in the story, feel premature to push this avenue.

Originally Posted by udontknowme
Because large post counts guarantee truth! And, therefore, low post counts show lack of veracity.

You, sir, are a post count bigot.
I will admit to a bias when I see someone with a low post count and they are listing a long complaint as one of their first posts. This complaint seems more substantial then most, which is something, but given the time lapse since the situation occurred and was not directly to the OP, it seems like more of a "throw-away" post to me.

Originally Posted by BadgerBoi
OMG somebody with a life? Quick, call the Internet Police
+1
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Old Feb 26, 2015, 3:16 am
  #44  
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+1 on the Media idea. Sadly it takes going to the press to get companies to respond appropriately.
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Old Feb 26, 2015, 4:35 am
  #45  
 
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Sue the GA in civil court.

And sorry, OP's sister was absolutely wrong in trying to drop the whole thing and let delta off the hook.

If this had happened to me, I would've lawyered up and made Delta AND the GA pay big time.
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