Posted on 04/17/2017 8:09:09 AM PDT by SeekAndFind
They never learn...
A jury may or may not be impressed by this. What they will look at is the point at which a law was broken. When the security people placed their hands on him, it was an "assault" and a clear violation of the law. During this "assault" he got a concussion and some loose teeth. The proximate cause of these injuries will be seen as injuries he suffered during an illegal assault, regardless of any personal intent he might have had, and regardless of passive resistance.
"You cannot ‘plan’ to cause an incident and then benefit from it."
I don't think an attorney is going to make that argument to a civil jury either. It is still going to come down to the question of who broke a law, and it wasn't Dao. Dao could not "cause an incident" by doing nothing. The incident was "caused" by someone else. Had no one put their hands on Dao, then he couldn't "cause an incident."
You're trying to make a case that Dao was responsible somehow, and even United isn't going to try to make that case.
You make some valid points (and unlike SOME people can do so without name calling and smarminess! thanks)
But I disagree on one point- Dao is guilty of several illegal actions, which must come into play.
My thoughts are that you cannot resist arrest and then complain (much) about what happens next.
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At least sKerry knows where his feet should be on the pedals.
Baroook rides like a woman with prosthetic legs.
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On a pink girls bike...
Contract of Carriage Hague 1949 and 1961
Flight crew has no say till the door is closed and beacon turned on... Gate agent owns the passengers till then..
Dr. Doa will win... Gate Agent did not offer compensation and legally speaking, once boarded not one passenger can be forced to leave their seat unless compensated and voluntarily vacate the seat... Neither was done here... Nor was the Dr or any of the the others 3 a threat to the flight... Gate Agent screwed up bigly... Not a case of an over bookiing either... it was a Republic Crew being moved for company business...I guess paying passengers are just widgets that throw cash at your company and hope it works out... Ha!
As for the Dr returning to his seat... all three cops left him in the door way, un attended after punches and maybe a tazer... front teeth loose, concussion and apparently might have even been on the receiving end of a taser... At age 69... amazing he could even get up and mumble I want to go home... over and over again. Cops and Gate Agent are going to jail....
United Senior Management chose poorly to make a statement and now are eating it... Consequences suck
Contract of Carriage Hague 1949 and 1961
Flight crew has no say till the door is closed and beacon turned on... Gate agent owns the passengers till then..
Dr. Doa will win... Gate Agent did not offer compensation and legally speaking, once boarded not one passenger can be forced to leave their seat unless compensated and voluntarily vacate the seat... Neither was done here... Nor was the Dr or any of the the others 3 a threat to the flight... Gate Agent screwed up bigly... Not a case of an over bookiing either... it was a Republic Crew being moved for company business...I guess paying passengers are just widgets that throw cash at your company and hope it works out... Ha!
As for the Dr returning to his seat... all three cops left him in the door way, un attended after punches and maybe a tazer... front teeth loose, concussion and apparently might have even been on the receiving end of a taser... At age 69... amazing he could even get up and mumble I want to go home... over and over again. Cops and Gate Agent are going to jail....
United Senior Management chose poorly to make a statement and now are eating it... Consequences suck
For Dao to be in jeopardy of being convicted of illegal actions, he is going to have to be charged first. And I say that respectfully, because we all know that. To the best of my knowledge, neither the Federal Government nor the State of Illinois is contemplating criminal charges against Dao.
"My thoughts are that you cannot resist arrest and then complain (much) about what happens next."
I don't argue against that, but focusing on the flash point in this case, did the officers tell Dao "You are under arrest?" Because if they did, there was no statutory authority for them to tell him that since he had broken no law. Remember that we are talking about a civil contract. Law enforcement officers cannot "take sides" in a civil incident and must refer the parties to a judge. Dao, who broke no law, passively resisted being removed from his seat. His resistance was not to being placed under arrest, he resisted to being forced to give up his lawful place on the plane. Neither private security nor sworn police officers had the authority in this incident to use physical force.
When I finally get around to setting up my blog, I’m titling it “The Fifth Dentist” after whatever bozo dentist it was who said that patients who chew gum shouldn’t chew sugarless gum. I wanna meet that guy.
Kung Pow Dao! *
Just Get Off.
Your mileage may be scary.
What a drag it is to seat you.
Fly cattle class, get treated appropriately.
The States really aren’t that United either.
No hijackings since Q3 2001.
Were they Luckies?
The problem with your above statement is that Dr. Dao was NEVER placed under arrest." He was not arrested nor have there been any charges against him.
He evidently got a heart that is defective. Maybe he can sue the doctor.
The circle of life/lawsuits.
A concussion may cause you to behave irrationally, Bootlicker.
The Captain is the boss....no ifs; ands or buts.
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