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FLORIDA RECORD

Saturday, April 27, 2024

Woman sues United after she's injured by fellow passenger exiting plane

Federal Court
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A Riviera Beach woman has filed a lawsuit against United Airlines claiming she was injured by a fellow passenger who was rushing to get off of the airplane.

Astrid James and husband Gregory James filed their complaint March 5 in federal court against United Airlines Inc.

According to the complaint, Astrid James was a passenger on United Flight 495 from Frankfurt, Germany, to Palm Beach International Airport on March 14, 2022, with a layover in Newark.

“After landing … James was caused to become injured as she stood to exit the aircraft and was forcefully knocked over by a fellow passenger,” the complaint states. “The passenger who knocked over plaintiff … had been rushing to disembark the aircraft pursuant to the instructions of defendant United’s flight crew.”

The complaint goes on to say James’ injuries resulted from an “accident” as defined by Article 17 of the Montreal Convention “because her injuries were caused by an unexpected or unusual event or occurrence external to her, and not by her own internal reaction to the normal operation of the aircraft.”

James says she was seriously and permanently injured, suffered great pain, agony and mental anguish and will continue to suffer in the future. She also says she spent money on medical treatment and will do so in the future. But the complaint does not specify her injuries.

She also says she was deprived of her enjoyment of life, pursuits and interests. Her husband filed a loss of consortium claim, saying he has experienced a loss of love, affection and companionship including loss of sexual relations as well as loss of guidance, support and services.

The couple seeks compensatory damages. They are being represented by Robert F. Spohrer of Jacksonville and Erin R. Applebaum of Kreindler & Kreindler in New York.

U.S. District Court for the Southern District of Florida case number 9:24-cv-80249

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