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-   -   Denied boarding on TWA - Unresolved (https://www.flyertalk.com/forum/milesbuzz/5956-denied-boarding-twa-unresolved.html)

NoStressHere Feb 10, 2002 12:37 pm


Damages are simple. Cost of the agreed upon carriage. And now that is in question, since they did get you there.

Get over it.

mdtony Feb 10, 2002 8:16 pm


<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by satish_ny:
I am surprised that so many of you have mentioned the fact that since "I voluntarily left the boarding area and returned LATE", I am not entitled to any compensation.</font>
You just heard from a lawyer as to what kind of case you have. He said none. It's over, done with, finished.

You got there, later than you wanted to, but you got there.

Would you like some cheese with that whine?

Beckles Feb 11, 2002 6:21 am


<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by satish_ny:
By refusing me boarding, TWA violated their own contract of carriage. I do not see why I have to prove liability and damages.</font>
Actually, I don't think anyone said you weren't due something, but the problem is you refused what was offered (a fairly reasonable offer) and made a totally unrealistic counter-offer, then you "forget" about it for 10 months.

Spider Feb 11, 2002 7:55 am


<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by mdtony:
Keep in mind that lawyers are in it to make money, too. So what do you think the compensation for this would be? A few thousand bucks, tops? </font>
Weeeeellllll.... there are always psychological damages on top of stress and undue discomfort... http://www.flyertalk.com/forum/wink.gif

Snake, you'd be surprised what a desperate lawyer can come up with for a $10K retainer.

Djlawman, you may be a lawyer but not necessarily an ambulance chaser. After all, is spilling a cup of coffee at McDonald's worth several million dollars? It's all a matter of opinion.

LemonThrower Feb 11, 2002 8:16 am

In most jurisdictions, you need a physical (bodily) injury in order to recover non-physical damages like pain and suffering.

You are most likely to get nothing if you take this to court for a variety of reasons than you are to get anything more than what they offered.

HKG_Flyer1 Feb 11, 2002 9:57 am

Not to make too fine a point of it but:

1) This incident occurred on March 8, 2001;

2) The proposed defendant is TWA;

3) Last I checked, TWA was in bankruptcy with no chance of survival given that its liabilities exceed its assets by several hundred million dollars;

4) Contrary to popular perception, AA did not acquire TWA, they only acquired certain assets of the company.

Given that TWA is totally insolvent and that AA was not a party to this matter and has no liability, what's the point of continuing this discussion, other than as an intellectual exercise?


squeakr Feb 11, 2002 10:46 am


<font face="Verdana, Arial, Helvetica, sans-serif" size="2">Originally posted by Spider:

Djlawman, you may be a lawyer but not necessarily an ambulance chaser. After all, is spilling a cup of coffee at McDonald's worth several million dollars? .
</font>
Just to set the McDOnald's record straight

the person in question, a woman in her 60's, recieved 2nd and 3rd degree burns to her thighs and legs after a cup of mcdonald's coffee she was holding betwen her legs as hse was driving, overturned and burned her. She had several months of skin graft s and was unable to work for some time. Now holding hot coffee between your legs is not the brightest thing in the world but the evidence at trial showed that this particular mcdonalds kept their coffee MUCH hotter than normal because I believe the local police? I cant' recall who but there was some subgroup of locals who liked it that hot. Not being a local this woman had no way to know this. THIS was the point most of the jury hung the negligence on.

She recieved several million at trial but it was later overturned to somewhere in the high 6 figures and I believe she did not appeal.

I'm not a big fan of lawsuits but this one gets tossed around so much as an example of excess I wanted to get some facts out. You may still think the defnedant was stupider than a doorknob but it wasn;t QUITE as black and white as it's been portrayed.


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