A year and a half ago I wrote about passengers onboard a Spirit Airlines flight blasting a boom box and waving it in the air. They were confronted by other passengers and a fight ensued. And Gloria Allred sued.
This was all onboard a Baltimore – Los Angeles flight, which is certainly among the worst, most uncomfortable, flights in America.
Allred filed suit on behalf of 3 women arguing that Spirit Airlines flight attendants were negligent in serving alcohol to the problem passengers and failing to defuse the fight. She argued the crew “had an obligation to act when the problem passengers exhibited aggressive behavior” however after a 12 day trial a jury found otherwise.
Here’s the fight:
Spirit’s lawyer explained, “the court applied California law, which prohibits liability based solely on serving alcohol.” That fight occurred after the plane landed in California.
“Plaintiffs needed to prove that their version of their attackers’ behavior in conjunction with the flight attendants’ failure to monitor or curb such behavior rendered an attack foreseeable, which the jury rejected by their verdict,” he said.
If I were defense counsel I’d probably argue that (a) flying Spirit, (b) alongside other passengers flying Spirit, should be argued to entail an assumption of risk. Of course the Spirit would fire me as their counsel.