Dragged United passenger, in step toward potential lawsuit, seeks court order to save records

[oberliner]

The passenger dragged from his seat aboard a Sunday night flight at O'Hare International Airport took the first step toward potential legal action against United Airlines or the city on Wednesday.

David Dao, who has retained a high-powered personal injury lawyer, asked the Cook County Circuit Court for an order requiring United and the city of Chicago to keep all video, cockpit recordings and other reports from the flight, along with the personnel files of the Aviation Department officers who pulled Dao from the flight.

http://www.chicagotribune.com/business/ct-united-ceo-apology-dragged-passenger-0412-biz-20170412-story.html

[stevenleser]

1. It will be interesting to see what happens if this goes to trial. I can see it going one of two ways

I think the courts tend to favor the airlines and airport security in terms of conflicts with passengers and denying boarding etc. However it does seem like United may have violated their own terms of service so this could go completely the opposite way.

If I had to bet I would bet that the city and United will try to settle this quickly.

[The Velveteen Ocelot]

2. They will almost certainly settle.

Cases with huge potential for even more bad publicity seldom go to trial. I'm betting this one will result in a substantial (and confidential) settlement. United won't be the only defendant - I figure he'll also sue United Express/Republic (the regional carrier that actually operated the flight), the Chicago airport police department and the individual officer. They will then fight among themselves over who gets to pay how much in damages.

[PoliticAverse]

4. "and confidential" - the key for United will be keeping him off every TV program reminding people...

about the incident. How much are they willing to pay for that?

[Wellstone ruled]

3. The Lawyer who is representing

Dr.Dao is one of the most feared Lawyers in Chicago. United as well as Republic are going to pay dearly for this F-up. Republic is the United Express sub contractor in this case. Hunch says Republic files a Bankruptcy to try and avoid any payment.

[Hokie]

5. I am sure they will try that if it looks bad

Hunch says Republic files a Bankruptcy to try and avoid any payment.

It is a shame these larger carriers get away with operating these sham subcontractor companies to limit liability. I bet they can pay less and avoid regulations too.

[Wellstone ruled]

6. Appears the Lawyer is

seizing any and all videos and paper documents in relation to this event.. Hope he levies on any and all physical assets.

[Ms. Toad]

9. Sending a preservation of evidence demand letter is standard practice in corporate litigation

Although asking for a court order is not (at least in my experience). So I think that part is mostly for show.

Once a preservation of evidence demand letter goes out, if documents go missing the party in possession pays a big price - generally a presumption that the evidence in the missing documents would have bolstered the case against them.

[Wellstone ruled]

10. The Court order was a bit of Suprise.

Understand the Lawyer in this case is known for levying on everyone and anyone who might be associated with any case he handles.

[PoliticAverse]

7. How much do you think the settlement is going to be that bankruptcy is a better option?

People seem to have rather inflated expectations claiming the victim will "own United" and such.

[Wellstone ruled]

8. The Sub Contractor Republic will

have to answer this. UAL walks away owning zero,but their PR will be shot for some time to come. Some Insurance Company will cover any and all losses.