Posted on 04/14/2017 3:11:24 PM PDT by Presbyterian Reporter
The passenger who was forcibly removed from a United Airlines flight by aviation security officials Sunday garnered much public sympathy in the days since video emerged of him being dragged, bloody and screaming, down the aisle of a plane. David Dao, 69, retained a lawyer and filed a petition with an Illinois court to get all evidence related to the incident preserved.
While a lawsuit wasn't filed, Dao’s lawyer confirmed in a press conference Thursday there would likely be one, which begs the question: In the wake of such a high-profile, controversial incident, how much will Dao get?
“Dr. Dao will likely get millions here,” James Goodnow, an attorney with the Lamber-Goodnow Injury Law Team at Fennemore Craig, who is licensed in Chicago, told International Business Times in an interview Thursday. “The only question is how many zeros will follow the first number.”
Dao has a number of claims against both the city of Chicago and United. First and foremost, he has an assault and battery case.
“This is going to be a slam dunk, a no-brainer, an easy win,” Goodnow told IBT. “It’s documented on multiple cell phones. There’s no question.
Other claims will likely include breach of contract, false imprisonment, defamation and intentional infliction of emotional distress.
“That’s just a big fancy way of saying that the officers involved, and/or United Airlines, intentionally engaged in outrageous conduct that could be expected to have an emotional impact on Dr. Dao,” said Goodnow. “I think most people would consider this conduct outrageous and I think there’s little question Dao has suffered emotionally.”
There is no specific monetary cap in Chicago on what a plaintiff can get. Dao would likely collect on an array of damages including medical bills, lost wages and general damages, which include those things that can’t be quantified, like emotional distress and pain and suffering. Illinois is one of the most restrictive places in the country when it comes to punitive damages, which refer to damages awarded to punish wrongdoers and deter future wrong conduct, so lawyers would have to look elsewhere for a larger payday.
“The real money is going to come in the area of emotional distress damages — the pain and suffering. We call those general damages,” said Goodnow. “That’s where you can juice this up from a monetary perspective.”
In a typical personal injury case, Goodnow explained, a general rule of thumb is that plaintiffs are rewarded three to four times his or her medical bills. In a case where a client’s past and future medical bills are estimated to be about $100,000, the payout would likely be somewhere between $300,000 and $400,000. Not so for Dao, namely because the case will almost certainly never make it to court.
“What you will see here is a settlement value that will blow away anything Dr. Dao will ever recover in court,” said Goodnow.
Because of the nature of the case and the intense public scrutiny, United will likely be motivated to aim for a settlement, which will garner a larger payout for Dao than a trial would. The company has already become the subject of numerous boycotts, internet mocking and a plunging stock price and can’t afford to be at the center of yet another controversy.
“Look at the attention this case has received in just a few days,” said Goodnow. “Imagine what would happen if you have a public trial and every reporter is covering it. Every day will be another paper cut for United.”
The mistakes made by United after the incident will presumably benefit Dao. At least, from a monetary standpoint.
Instead of apologizing to Dao, the airline said it was sorry for having to “re-accommodate” passengers in their first statement. They were the subject of swift backlash by people who took issue with the phrasing. In a different memo to employees, which was obtained by the media, CEO Oscar Munoz appeared to blame Dao for being “disruptive and belligerent” and leaving the crew “no choice” but to call aviation security to forcibly remove him, though video recorded right before the incident suggested otherwise.
“All of these missteps are going to enter into the equation when United is deciding how much to pay here,” said Goodnow. “If United insults Dr. Dao and his legal team with a 'lowball' offer, they risk an ever greater backlash. If that information were to leak out, it would be so damaging if it looks like, in the face of this, United is trying to get out on the cheap.”
Munoz issued yet another statement from the company Tuesday in which he took “full responsibility” and pledged to make the situation right.
“I don’t think United’s legal team is going to try and 'lowball' Dr. Dao here,” said Goodnow. “I think they’re going to come in with the biggest number they can to get this put to bed as soon as possible.”
Probably you are right. But why would you do that?
Methinks you would probably think differently if UAL was trying to throw you off the plane and you were on the way to see your child being born.
I always sink into my airline seat with relief that I made it, I don't have to worry about another think until I land. Once I did take ticket to give up my seat, wound up getting to LA ahead of my scheduled flight... but it was the weekend and I had a car waiting. If I had a date waiting.... probably I wouldn't have given up my seat. And I would have been quite bitter about being asked to leave voluntarily, my butt had already made an impression. A restricted ticket would not have got me up, but probably 2k would have, cash. I'll bet the gate agents will have that authority really quick.
I think Nader and his lawyers were trying for a fresh target after Chevrolet etc.
You roll the dice and take your chances.
I think they are proud of their surly attitude. I hate UAL with a passion, ever since they stranded me and a planeload of others in a bare concrete under construction baggage claim in Logan, naked incandescent lights and all, and told us for four hours running that the buses were coming to take us up to Portland. Buses NEVER came. For $40 a head, they could get the pax into cabs, and that's what happened, slowly, as we got wise and started to insist on "reasonable compensation."
The airline employees thought our predicament was funny. They laughed and openly ridiculed.
I wonder why those Chicago Aviation Authority guys are suspended? Oh, and those Police jackets they were wearing, they were against regulation as of January, 2017. Why, because they are not trained policemen.
The doc won’t have explain diddly squat
More like he is shark bait. The law firm gets publicity and 30-40% of any settlement (plus costs, cough cough). It's a good gamble on the law firm's part.
AND, I am not on any Megan's Law list. Can you say the same?
FWIW, my parentage share no familial genetic links and they walked upright. I doubt yours did.
Wipe your chin. You don't want your shirt to look like Monica's dress.
You sound brilliant, really. What was I thinking using the term ‘morons’? /s
Knee-jerk stupidity is better.
They weren’t armed, they are not real cops and aren’t allowed to carry weapons. They were not in uniforms. One was just in scruffy jeans. The other two had jackets with an insignia over street clothes. See the videos.
The issue at that point in time isn't who is right and who is wrong. The issue is whether that time and place is the right time and place to figure it out under the law. That's really the one mistake this Dao guy made. When I heard the story about the incident I immediately assumed it was a foreign-born passenger. It would be unlikely for any American with any social skills would to find himself in that situation and react the way he did.
Soon to be a RICH SOB. As for the officers who put the beat down on him, they won't fare so well.
So who are the real dumb asses here?
I don't think that hurts his situation, and it is certainly the better PR move, even though I think his second letter is insincere.
As for admitting legal liability, what's the harm? He can appear in court, stipulate that he loses (contract was breached, any way you want to slice it), and then argue how much damages UAL is liable for.
It would cost more in legal fees to argue breach or not, than the damages are for breach.
Without a court order?! Where?
In the fevered dystopian mind of a truly delusional twit.
Zero. The counter suit will nullify it.
1. They may need to sleep to meet mandatory rest requirements before flying.
2. The airline's insurance may not cover them for work-related claims if they aren't flying.
3. There's probably a union contract provision that covers this.
Personally, I think it would be much easier to simply arrange the ground transportation for four passengers, not the crew members.
“So who are the real dumb asses here?”
The ones supporting Dr. Dinky Dao.
Through their knee-jerk idiocy, everyone will pay higher ticket prices and have longer wait times.
2. Get better insurance.
3. Hire competent negotiators, next time.
Agreed, it would have been a good solution. Could have given them a travel voucher for a few hundred $ and a taxi ride to their destination if they wanted to be loved or to the airport to be liked.
Dunno. I can see a big judgment if it goes to jury and then you have to find a judge on appeal in today's environment that would be willing to reduce it and those lawyer hours keep cranking.
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