"American Airlines sued for false imprisonment"

Friday, January 4, 2008

Two passengers sue American over plane groundings
Passengers who were on planes for hours seek class-action status 
By SUZANNE MARTA
The Dallas (TX) Morning News 


Two American Airlines Inc. passengers who were stuck on grounded planes in
Austin for hours during storms a year ago have sued the Fort Worth-based
airline and are seeking class-action status.

Kathleen Hanni of Napa, Calif., and Catherine Ray of Fayetteville, Ark.,
accused American of holding them and other passengers against their will,
causing emotional distress, and committing negligence, fraud and breach of
contract. 

The lawsuits claim that about 12,000 passengers were similarly affected.

Ms. Hanni's flight from San Francisco to Dallas/Fort Worth International
Airport and Ms. Ray's flight from Oakland, Calif., to D/FW on Dec. 29, 2006,
were among 121 that were diverted as a massive thunderstorm system planted
itself over North Texas.

The incidents, which preceded several other high-profile delays in which
passengers were stuck on planes, sparked a national effort among air
passengers to seek a federal passenger bill of rights.

American spokesman Tim Wagner said that since the 2006 incident, American
has changed its protocols for handling diversions, making it easier for
operators to identify when passengers have been stuck for an "excessive"
amount of time. 

The airline has also made changes to its system to more efficiently
reaccommodate passengers whose flights are delayed or canceled, and to
better equip airports to handle multiple types of airplanes with items such
as airplane stairs, should they be diverted there. 

Mr. Wagner said he couldn't comment specifically on the pending litigation. 

Gregory Carboy, an aviation attorney with Cowles & Thompson PC in Dallas,
said the plaintiffs may face an uphill battle trying to secure class-action
status because there could be so many variables among what passengers on
different flights experienced. 

But Mr. Carboy suggested that the case could present "a lot of risk" to the
airline should it go before a jury, because there is so much sympathy for
travelers, and the case is so complex. 

The Department of Transportation's inspector general reported in September
that "contrary to some media reports, American did provide food, water and
tolerable restroom facilities on the aircraft delayed in Austin." 

But in their suits, both Ms. Hanni and Ms. Ray reiterate previous complaints
that the airline failed to provide adequate provisions on the grounded
planes and that the lavatories weren't working. 

Since the incidents, Ms. Hanni has gained national attention as the founder
of the Coalition for an Airline Passengers Bill of Rights.

No federal legislation has been passed, but a New York state law requiring
carriers to provide food, water and fresh air for passengers who are stuck
for three hours or more went into effect Tuesday. The airline industry has
appealed a court ruling that rejected its challenge of the law.


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