Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Flight attendant loses in bid to sue Continental
News Day ^ | December 29, 2008 | David Porter

Posted on 12/29/2008 2:08:05 PM PST by smokingfrog

A former flight attendant for Continental Airlines who was fired for inappropriate behavior on a flight in 2002 has lost an attempt to sue the company for age discrimination.

In a ruling released Monday, a state appeals court upheld a lower court ruling dismissing the lawsuit filed by Melissa Mersmann and ordering her to pay $2,500 in attorneys' fees to Continental.

The lawsuit stemmed from events in early 2002, when Mersmann was fired for her conduct during a Feb. 17 flight from Aruba to Newark.

In court filings, the company claimed Mersmann "as a result of being intoxicated, engaged in such severe misconduct as to warrant termination."

Specifically, the company alleged, Mersmann was late for the flight, made inappropriate announcements over the plane's intercom, smelled of alcohol, vomited twice during the flight and was unable to perform her duties.

Mersmann's blood alcohol level was tested at .061 when she arrived at Newark, higher than the .04 reading that, under an existing collective bargaining agreement, mandates flight attendants undergo evaluation and complete any recommended rehabilitation before resuming work.

(Excerpt) Read more at newsday.com ...


TOPICS: Culture/Society; Extended News; News/Current Events; US: New Jersey
KEYWORDS: lawsuit; litigation; loserpays
WOW! Loser pays!
1 posted on 12/29/2008 2:08:06 PM PST by smokingfrog
[ Post Reply | Private Reply | View Replies]

To: smokingfrog

She was only mimicking some of her first class passengers...


2 posted on 12/29/2008 2:09:43 PM PST by vox_freedom ("If God be for us, who is against us?" -- Romans 8:31)
[ Post Reply | Private Reply | To 1 | View Replies]

To: smokingfrog

Truth wins.


3 posted on 12/29/2008 2:10:18 PM PST by VaBthang4 ("He Who Watches Over Israel Will Neither Slumber Nor Sleep")
[ Post Reply | Private Reply | To 1 | View Replies]

To: smokingfrog
Specifically, the company alleged, Mersmann was late for the flight, made inappropriate announcements over the plane's intercom, smelled of alcohol, vomited twice during the flight and was unable to perform her duties.

LOL. Oh would I have loved to have been on that flight!

4 posted on 12/29/2008 2:11:18 PM PST by Opinionated Blowhard
[ Post Reply | Private Reply | To 1 | View Replies]

To: vox_freedom

Actually, she was probably mimicking the pilot.


5 posted on 12/29/2008 2:13:33 PM PST by patton (+)
[ Post Reply | Private Reply | To 2 | View Replies]

To: smokingfrog

Without giving two details, I personally know of one flight attendant of a certain airline was, on two separate occasions within a four month period, and on company property, cought in the act of having sex with a random passenger. Different guy each time.

She was terminated.


6 posted on 12/29/2008 2:18:44 PM PST by RobRoy (Islam is a greater threat to the world today than Nazism was in the 1930's.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RobRoy

two = too many


7 posted on 12/29/2008 2:19:40 PM PST by RobRoy (Islam is a greater threat to the world today than Nazism was in the 1930's.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: vox_freedom
She was only mimicking some of her first class passengers...

There is this concept perhaps you have heard of, it is called the distinction between customers and employees. Customers have more latitude in decorum because they ARE PAYING to be there. Employees have less latitude in decorum because they ARE BEING PAID to be there and assist customers.
8 posted on 12/29/2008 2:22:55 PM PST by JLS
[ Post Reply | Private Reply | To 2 | View Replies]

To: smokingfrog

[cue the old jingle from the “Proud Bird With The Golden Tail” era]

“We really move our tail for you!”


9 posted on 12/29/2008 2:26:02 PM PST by RichInOC (No! BAD Rich! (What'd I say?))
[ Post Reply | Private Reply | To 1 | View Replies]

To: RobRoy
Without giving two details, I personally know of one flight attendant of a certain airline was, on two separate occasions within a four month period, and on company property, cought in the act of having sex with a random passenger. Different guy each time.

Mile High Club?

10 posted on 12/29/2008 2:27:53 PM PST by PalmettoMason ("an empty limousine pulled up in front of the White House, and Barack Obama got out")
[ Post Reply | Private Reply | To 6 | View Replies]

To: RobRoy

Without giving two details, I personally know of one flight attendant of a certain airline was, on two separate occasions within a four month period, and on company property, cought in the act of having sex with a random passenger. Different guy each time.

She was terminated.


What airline does she work for now, if you know?

;-)


11 posted on 12/29/2008 2:28:29 PM PST by Beelzebubba (Guns don't kill people. Criminals and the governments that create them kill people.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: Beelzebubba

If you find out, try to act as random as possible. :-)


12 posted on 12/29/2008 2:33:25 PM PST by Larry Lucido
[ Post Reply | Private Reply | To 11 | View Replies]

To: RobRoy

Indeed. Without giving details, I also am personally aware of a number of attendant/conductor incidents that are side-splittingly funny (provided that they didn’t happen to you). I’m aware of one incident where the attendant got so drunk he/she took off all his/her clothes and walked down the aisle taking tickets. I’m aware of one attendant who got so drunk that he/she urinated in front of shocked passengers. I could go on. Many, many incidents occur that aren’t reported.


13 posted on 12/29/2008 2:36:25 PM PST by Opinionated Blowhard
[ Post Reply | Private Reply | To 6 | View Replies]

To: RichInOC

14 posted on 12/29/2008 2:46:55 PM PST by MeanWestTexan (Beware Obama's Reichstag fire.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Opinionated Blowhard

15 posted on 12/29/2008 2:48:33 PM PST by MeanWestTexan (Beware Obama's Reichstag fire.)
[ Post Reply | Private Reply | To 13 | View Replies]

To: Beelzebubba

16 posted on 12/29/2008 2:49:50 PM PST by MeanWestTexan (Beware Obama's Reichstag fire.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: Beelzebubba

Heh, heh...

I shoulda known. ;)


17 posted on 12/29/2008 2:56:12 PM PST by RobRoy (Islam is a greater threat to the world today than Nazism was in the 1930's.)
[ Post Reply | Private Reply | To 11 | View Replies]

To: PalmettoMason

Nope. on the ground.


18 posted on 12/29/2008 2:56:31 PM PST by RobRoy (Islam is a greater threat to the world today than Nazism was in the 1930's.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: RobRoy

Looks like I picked the wrong week to stop drinking on the job.


19 posted on 12/29/2008 3:08:36 PM PST by VA_Gentleman ("There are sheep, and there are wolves. In the end, the wolves always win." - Col. Ripley, RIP)
[ Post Reply | Private Reply | To 18 | View Replies]

To: patton
she was probably mimicking the pilot.

No, wasn't it US Air with the drunk pilots?

20 posted on 12/29/2008 5:21:16 PM PST by PAR35
[ Post Reply | Private Reply | To 5 | View Replies]

To: PAR35

Darned if I know.


21 posted on 12/29/2008 5:25:37 PM PST by patton (+)
[ Post Reply | Private Reply | To 20 | View Replies]

To: JLS
Customers have more latitude in decorum because they ARE PAYING to be there. Employees have less latitude in decorum because they ARE BEING PAID to be there and assist customers.

Well, there is THAT...

22 posted on 12/29/2008 5:41:26 PM PST by vox_freedom ("If God be for us, who is against us?" -- Romans 8:31)
[ Post Reply | Private Reply | To 8 | View Replies]

To: patton

Here’s an America West incident:

Florida cannot prosecute pilots for alledgedly drinking before flight
http://www.freerepublic.com/focus/f-news/959059/posts

It doesn’t appear that there was a clear determination as to this US Air pilot:

Airline: Crew Member’s Inappropriate Words Cancel Flight
http://www.freerepublic.com/focus/f-chat/1813497/posts

This is probably the USAir one I was thinking of:

Pilot at LAX Grounded by Alcohol
http://articles.latimes.com/2006/apr/08/local/me-pilot8

Want to try Delta:

Delta Suspends Pilot for Being Drunk
http://www.highbeam.com/doc/1P1-105992182.html

And here’s one for a US pilot on an Asian airline:
http://www.aero-news.net/index.cfm?ContentBlockID=ce386c9e-7621-49e7-976e-329fdaa5e17c

Found a United one as well. The United, and the one on the Indian plane were in London, the Delta one was in Germany.


23 posted on 12/29/2008 5:48:52 PM PST by PAR35
[ Post Reply | Private Reply | To 21 | View Replies]

To: PAR35

Yep, she was bar hopping with some pilot, it seems.


24 posted on 12/29/2008 6:21:21 PM PST by patton (+)
[ Post Reply | Private Reply | To 23 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson