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Man pulled off of overbooked flight UA3411 (ORD-SDF) 9 Apr 2017 {Settlement reached}

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Old Apr 10, 2017, 8:42 pm
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Statement from United Airlines Regarding Resolution with Dr. David Dao - released 27 April 2017
CHICAGO, April 27, 2017 /PRNewswire/ -- We are pleased to report that United and Dr. Dao have reached an amicable resolution of the unfortunate incident that occurred aboard flight 3411. We look forward to implementing the improvements we have announced, which will put our customers at the center of everything we do.
DOT findings related to the UA3411 9 April 2017 IDB incident 12 May 2017

What facts do we know?
  • UA3411, operated by Republic Airways, ORD-SDF on Sunday, April 9, 2017. UA3411 was the second to last flight to SDF for United. AA3509 and UA4771 were the two remaining departures for the day. Also, AA and DL had connecting options providing for same-day arrival in SDF.
  • After the flight was fully boarded, United determined four seats were needed to accommodate crew to SDF for a flight on Monday.
  • United solicited volunteers for VDB. (BUT stopped at $800 in UA$s, not cash). Chose not to go to the levels such as 1350 that airlines have been known to go even in case of weather impacted disruption)
  • After receiving no volunteers for $800 vouchers, a passenger volunteered for $1,600 and was "laughed at" and refused, United determined four passengers to be removed from the flight.
  • One passenger refused and Chicago Aviation Security Officers were called to forcibly remove the passenger.
  • The passenger hit the armrest in the aisle and received a concussion, a broken nose, a bloodied lip, and the loss of two teeth.
  • After being removed from the plane, the passenger re-boarded saying "I need to go home" repeatedly, before being removed again.
  • United spokesman Jonathan Guerin said the flight was sold out — but not oversold. Instead, United and regional affiliate Republic Airlines – the unit that operated Flight 3411 – decided they had to remove four passengers from the flight to accommodate crewmembers who were needed in Louisville the next day for a “downline connection.”

United Express Flight 3411 Review and Action Report - released 27 April 2017

Videos

Internal Communication by Oscar Munoz
Oscar Munoz sent an internal communication to UA employees (sources: View From The Wing, Chicago Tribune):
Dear Team,

Like you, I was upset to see and hear about what happened last night aboard United Express Flight 3411 headed from Chicago to Louisville. While the facts and circumstances are still evolving, especially with respect to why this customer defied Chicago Aviation Security Officers the way he did, to give you a clearer picture of what transpired, I've included below a recap from the preliminary reports filed by our employees.

As you will read, this situation was unfortunately compounded when one of the passengers we politely asked to deplane refused and it became necessary to contact Chicago Aviation Security Officers to help. Our employees followed established procedures for dealing with situations like this. While I deeply regret this situation arose, I also emphatically stand behind all of you, and I want to commend you for continuing to go above and beyond to ensure we fly right.

I do, however, believe there are lessons we can learn from this experience, and we are taking a close look at the circumstances surrounding this incident. Treating our customers and each other with respect and dignity is at the core of who we are, and we must always remember this no matter how challenging the situation.

Oscar

Summary of Flight 3411
  • On Sunday, April 9, after United Express Flight 3411 was fully boarded, United's gate agents were approached by crewmembers that were told they needed to board the flight.
  • We sought volunteers and then followed our involuntary denial of boarding process (including offering up to $1,000 in compensation) and when we approached one of these passengers to explain apologetically that he was being denied boarding, he raised his voice and refused to comply with crew member instructions.
  • He was approached a few more times after that in order to gain his compliance to come off the aircraft, and each time he refused and became more and more disruptive and belligerent.
  • Our agents were left with no choice but to call Chicago Aviation Security Officers to assist in removing the customer from the flight. He repeatedly declined to leave.
  • Chicago Aviation Security Officers were unable to gain his cooperation and physically removed him from the flight as he continued to resist - running back onto the aircraft in defiance of both our crew and security officials.
Email sent to all employees at 2:08PM on Tuesday, April 11.
Dear Team,

The truly horrific event that occurred on this flight has elicited many responses from all of us: outrage, anger, disappointment. I share all of those sentiments, and one above all: my deepest apologies for what happened. Like you, I continue to be disturbed by what happened on this flight and I deeply apologize to the customer forcibly removed and to all the customers aboard. No one should ever be mistreated this way.

I want you to know that we take full responsibility and we will work to make it right.

It’s never too late to do the right thing. I have committed to our customers and our employees that we are going to fix what’s broken so this never happens again. This will include a thorough review of crew movement, our policies for incentivizing volunteers in these situations, how we handle oversold situations and an examination of how we partner with airport authorities and local law enforcement. We’ll communicate the results of our review by April 30th.

I promise you we will do better.

Sincerely,

Oscar
Statement to customers - 27 April 2017
Each flight you take with us represents an important promise we make to you, our customer. It's not simply that we make sure you reach your destination safely and on time, but also that you will be treated with the highest level of service and the deepest sense of dignity and respect.

Earlier this month, we broke that trust when a passenger was forcibly removed from one of our planes. We can never say we are sorry enough for what occurred, but we also know meaningful actions will speak louder than words.

For the past several weeks, we have been urgently working to answer two questions: How did this happen, and how can we do our best to ensure this never happens again?

It happened because our corporate policies were placed ahead of our shared values. Our procedures got in the way of our employees doing what they know is right.

Fixing that problem starts now with changing how we fly, serve and respect our customers. This is a turning point for all of us here at United – and as CEO, it's my responsibility to make sure that we learn from this experience and redouble our efforts to put our customers at the center of everything we do.

That’s why we announced that we will no longer ask law enforcement to remove customers from a flight and customers will not be required to give up their seat once on board – except in matters of safety or security.

We also know that despite our best efforts, when things don’t go the way they should, we need to be there for you to make things right. There are several new ways we’re going to do just that.

We will increase incentives for voluntary rebooking up to $10,000 and will be eliminating the red tape on permanently lost bags with a new "no-questions-asked" $1,500 reimbursement policy. We will also be rolling out a new app for our employees that will enable them to provide on-the-spot goodwill gestures in the form of miles, travel credit and other amenities when your experience with us misses the mark. You can learn more about these commitments and many other changes at hub.united.com.

While these actions are important, I have found myself reflecting more broadly on the role we play and the responsibilities we have to you and the communities we serve.

I believe we must go further in redefining what United's corporate citizenship looks like in our society. If our chief good as a company is only getting you to and from your destination, that would show a lack of moral imagination on our part. You can and ought to expect more from us, and we intend to live up to those higher expectations in the way we embody social responsibility and civic leadership everywhere we operate. I hope you will see that pledge express itself in our actions going forward, of which these initial, though important, changes are merely a first step.

Our goal should be nothing less than to make you truly proud to say, "I fly United."

Ultimately, the measure of our success is your satisfaction and the past several weeks have moved us to go further than ever before in elevating your experience with us. I know our 87,000 employees have taken this message to heart, and they are as energized as ever to fulfill our promise to serve you better with each flight and earn the trust you’ve given us.

We are working harder than ever for the privilege to serve you and I know we will be stronger, better and the customer-focused airline you expect and deserve.

With Great Gratitude,

Oscar Munoz
CEO
United Airlines
Aftermath
Poll: Your Opinion of United Airlines Reference Material

UA's Customer Commitment says:
Occasionally we may not be able to provide you with a seat on a specific flight, even if you hold a ticket, have checked in, are present to board on time, and comply with other requirements. This is called an oversale, and occurs when restrictions apply to operating a particular flight safely (such as aircraft weight limits); when we have to substitute a smaller aircraft in place of a larger aircraft that was originally scheduled; or if more customers have checked in and are prepared to board than we have available seats.

If your flight is in an oversale situation, you will not be denied a seat until we first ask for volunteers willing to give up their confirmed seats. If there are not enough volunteers, we will deny boarding to passengers in accordance with our written policy on boarding priority. If you are involuntarily denied boarding and have complied with our check-in and other applicable rules, we will give you a written statement that describes your rights and explains how we determine boarding priority for an oversold flight. You will generally be entitled to compensation and transportation on an alternate flight.

We make complete rules for the payment of compensation, as well as our policy about boarding priorities, available at airports we serve. We will follow these rules to ensure you are treated fairly. Please be aware that you may be denied boarding without compensation if you do not check in on time or do not meet certain other requirements, or if we offer you alternative transportation that is planned to arrive at your destination or first stopover no later than one hour after the planned arrival time of your original flight.
CoC is here: https://www.united.com/web/en-US/con...-carriage.aspx
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Man pulled off of overbooked flight UA3411 (ORD-SDF) 9 Apr 2017 {Settlement reached}

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Old Apr 12, 2017, 5:54 pm
  #4396  
 
Join Date: Mar 2012
Posts: 297
Originally Posted by featheroleather
they ran out of chicken, i had to eat pasta, double waaaah

maybe the "dr" can sue since his face is plastered all over the internet memes & he aint gettin his cut. triple waaah
For the 6 figure settlement that he is going to get you could put my face all over the internet as well
disalex is offline  
Old Apr 12, 2017, 5:54 pm
  #4397  
 
Join Date: Jun 2007
Programs: aa, usair
Posts: 12
Given the stock drop, and the fact that the Asian market may not come back until the Dr says he is satisfied I say 17 million confidential settlement and Oscar resigns. Once they get the cockpit audio this gets worse
sdiamond85 is offline  
Old Apr 12, 2017, 5:56 pm
  #4398  
 
Join Date: Dec 2004
Posts: 2,866
The "United Club"

The phrase "United Club" has taken on a whole new meaning.

It is no longer, I am going to the United Club. It is now: I am going to be clubbed by United.

Can you use a United Club pass to have United pass on clubbing you?

It sort of fits with the subliminal Cold War meaning of "premier" and "Polaris."

When I hear United Mileage Plus Premier, it reminds me of the office of Premier of the Soviet Union, who were generally a murderous bunch of dictators.

Polaris reminds me of the Polaris missile, a two-stage solid-fueled nuclear-armed submarine-launched ballistic missile (SLBM) built during the Cold War by Lockheed Corporation for the United States Navy.

It is just a consequence of growing up during the cold war.
BF263533 is offline  
Old Apr 12, 2017, 5:58 pm
  #4399  
 
Join Date: Nov 2004
Posts: 813
Originally Posted by DrPSB
Treating passengers with contempt, as I often see done here with comments about 'kettles' and 'gate lice', is what got United in trouble in the first place.

I'm unclear as to your use of quotes, the passenger is a physician. It just comes across as a bit snarky in tone and doesn't seem to further conversation other than to attack the guy who was harmed most in this fiasco.
is he still a doctor or not, inquiring minds need to know !
featheroleather is offline  
Old Apr 12, 2017, 5:59 pm
  #4400  
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Join Date: Jun 2013
Posts: 17,457
If boarding is closed when the doors are shut, how come I keep reading stories on this very website of passengers being turned away because "boarding was closed at T-20 and we gave your seat away" while standing in front of an open door. Then it's about the paperwork being xfred from gate to flight crew. Now it's the door has to be closed. Someone relayed a story of a plane returning to the gate to collect a late non-rev and IDB a passenger.
Bottom line here is that a gate agent, manager, passenger, and bouncer in a uniform have likely precipitated a change for the better in domestic customer experience. Allowing international carriers to compete on domestic routes could have accomplished the same thing, but we like doing things the hard way in the US.
rickg523 is offline  
Old Apr 12, 2017, 6:01 pm
  #4401  
 
Join Date: Nov 2004
Posts: 813
Originally Posted by 1KChinito
Now you are talking.
thx for having a sense of humor

Originally Posted by Beckles
A wrong Dr. Dao in Louisiana has been associated with this incident, but the Dr. Dao that was convicted of drug charges and lost his license in Kentucky is the same as in the video, it has been confirmed by people he works with.
so if one loses their license, are they still allowed to call themselves doctor?

Last edited by WineCountryUA; Apr 12, 2017 at 9:24 pm Reason: Discuss the issues, not the poster
featheroleather is offline  
Old Apr 12, 2017, 6:03 pm
  #4402  
 
Join Date: Jan 2005
Location: New York, NY
Programs: UA, AA, DL, Hertz, Avis, National, Hyatt, Hilton, SPG, Marriott
Posts: 9,452
Originally Posted by sdiamond85
Given the stock drop, and the fact that the Asian market may not come back until the Dr says he is satisfied I say 17 million confidential settlement and Oscar resigns. Once they get the cockpit audio this gets worse
Doubt the CVR would yield anything actionable, and more to the point, unless it was pulled Sunday night before departing to SDF, it's likely no longer retrievable. Since the incident did not involve flight operations, it would have been unusual to pull the recording.

Originally Posted by featheroleather
is he still a doctor or not, inquiring minds need to know !
He is, but is practicing with significant restrictions on his medical license.
EWR764 is offline  
Old Apr 12, 2017, 6:04 pm
  #4403  
 
Join Date: Jun 2004
Location: What I write is my opinion alone..don't read into it anything not written.
Posts: 9,686
Originally Posted by rickg523
Allowing international carriers to compete on domestic routes could have accomplished the same thing, but we like doing things the hard way in the US.
Not really has anything to do with the topic at hand! I'm sure Chinese steel would like to not have the tariff on them either, but protectionism has been a huge part of many (most?) countries infrastructure in relation to utilities, transportation, infrasturcture... How does this relate to the topic at hand?
fastair is offline  
Old Apr 12, 2017, 6:05 pm
  #4404  
 
Join Date: Nov 2004
Posts: 813
Originally Posted by EWR764
Doubt the CVR would yield anything actionable, and more to the point, unless it was pulled Sunday night before departing to SDF, it's likely no longer retrievable. Since the incident did not involve flight operations, it would have been unusual to pull the recording.
facts always ruin good conspiracy theories !
featheroleather is offline  
Old Apr 12, 2017, 6:05 pm
  #4405  
 
Join Date: Mar 2011
Location: Colorado
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Originally Posted by 24left
And it's done

Reuters

AEROSPACE & DEFENSE | Wed Apr 12, 2017 | 6:20pm EDT

"United passenger launches legal action over forceful removal"

http://www.reuters.com/article/us-ua...-idUSKBN17E1GN
So will he sue United or the Police? While United was idiotic in their handling of this, and should not have called the police, the police officer should not have dragged him off the airplane. The passenger is probably guilty of obstruction of justice as well (which is a Felony in most states) because he didn't listen to the police officer.
bldr1k is offline  
Old Apr 12, 2017, 6:09 pm
  #4406  
 
Join Date: Jul 2003
Location: SFO
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Posts: 5,532
Originally Posted by SkiAdcock
Ah, I was thinking more along the lines of Dao going on every news & morning show - aka, 'milking it' which he's not done (yet), vs potentially being in the hospital for a couple of days.

Cheers.
I am more concerned with this doctor's health. In one of the videos, he looked he was unconscious. Any one, not to mention a 69 year old, went through this abusive treatment, may suffer irreversible and permanent damage. No matter how much he gets at the end, he will not have his health back.
1KChinito is offline  
Old Apr 12, 2017, 6:12 pm
  #4407  
 
Join Date: Feb 2002
Location: NYC: UA 1K, DL Platinum, AAirpass, Avis PC
Posts: 4,599
Originally Posted by mike_la_jolla
This will never go to trial. So let's start guessing how much he'll get. My over/under is $10M, but that could be on the low side.
Tournament poker player, on the phone with a lawyer before the cops touched him, been through the legal wringer before...not afraid of a trial

I'll take the over - heck I'd set the over / under at $30mn. He's going to want $10mn plus in the bank net of fees.
cerealmarketer is offline  
Old Apr 12, 2017, 6:13 pm
  #4408  
 
Join Date: Jun 2007
Programs: aa, usair
Posts: 12
Originally Posted by EWR764
Doubt the CVR would yield anything actionable, and more to the point, unless it was pulled Sunday night before departing to SDF, it's likely no longer retrievable. Since the incident did not involve flight operations, it would have been unusual to pull the recording.



He is, but is practicing with significant restrictions on his medical license.
The Doctors lawyers have went to court to request everything be preserved. I agree with you the CVR was probably not pulled. United has to be concerned about what is out there. I think the value of the other PAX ticket as compensation was a rather low offer.
sdiamond85 is offline  
Old Apr 12, 2017, 6:13 pm
  #4409  
 
Join Date: Jan 2017
Posts: 352
Originally Posted by fastair
I am FAR from a legal expert, but the entire "Contract of carriage" is about carriage, which is defined, in the doccument, as transporting a person and their luggage from one place to another. A subsection on the contract of carriage, denied boarding, we now try to define an undefined term. In the scope of the document about the rights of carriage, which is transporting a customer (and baggage) where does a right to board or not board come in. The ticket doesn't give anyone the right to board or deboard, it is about carriage between places. Buying a ticket and boarding serves no purpose, it is part of the carriage. Steeping foot on an airplane without the carriage has the same net result as not setting foot on an airplane at all. All penalties for IBD are calculated off the the ticket price for carriage to the next stopover, not the distance from the jetbridge door to the seat and the time to get to the next destination, not the time it takes to walk to the seat from the gateroom door.
Originally Posted by Boraxo
Au contraire, there are thousands of breach of contract cases that are decided by juries. Google is your friend.

The jury is permitted to address any and all factual issues - including whether a breach has occurred and the amount of damages. The judge can only rule on whether the contract was so clearly breached as a matter of law and other purely legal issues.

Although this is not my area of expertise, I'd bet that the victim has a better tort claim against UA for causing him to be assaulted and battered. However my friend (who represents injured parties) believe the settlement is likely to be in the 6-figure range.

This has been a great thread for the armchair lawyers, but they don't always get it right.
The lawnewz article posted earlier (http://lawnewz.com/high-profile/unit...ing-passenger/) had a nice couple paragraphs about this, quoting from that article:
"Clearly, a “boarding priority” does not include or imply an involuntary removal or refusal of transport. Moreover, under well accepted contract law, any ambiguous term in a contract must be construed against – and in the way least favorable to – the party which drafted it.

So, even if United argued that there was some ambiguity in “denied boarding” based upon “boarding priority” – and that it could possibly mean removal based upon a removal priority – a court would be forced to rule against this interpretation because United drafted the contract."
east_west is offline  
Old Apr 12, 2017, 6:14 pm
  #4410  
 
Join Date: Jul 2003
Location: SFO
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Posts: 5,532
Originally Posted by featheroleather
thx for having a sense of humor, unlike some posters who need to get some fresh air.
You are welcome. I hope this incident will not repeat itself ever. Can you imagine this happens to you or your loved one? How would you really feel then?
1KChinito is offline  


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