February 22, 2024
An American Airways passenger jet. Courtesy American Airways

A San Diego man had dropped his lawsuit towards American Airways Inc. by which he alleged he was wrongfully barred from future flights with the corporate after a 2019 interplay with a flight attendant in regards to the adjustment of his seat.

An lawyer for plaintiff David Klein filed court docket papers on Tuesday with Los Angeles Superior Courtroom Choose Jill Feeney asking that Klein’s negligence swimsuit be dismissed “with prejudice,” that means it can’t be refiled. Klein had sought compensatory damages in addition to a court docket order permitting him to fly on AA once more.

The court docket papers don’t state if a settlement was reached or if Klein was not pursuing the case for different causes.

Of their court docket papers, airline attorneys said that Klein failed to make use of cheap look after his security and properly being and that he “voluntarily and knowingly assumed the danger of harm.”

The AA attorneys additional maintained Klein ought to “take nothing by means of his criticism.”

Klein and his spouse boarded an AA flight from Tokyo to Los Angeles on March 29, 2019. Shortly after they had been seated, a flight attendant approached and instructed Klein to place his seat in an upright place, the swimsuit said. Moments later, earlier than Klein had adjusted his seat, the flight attendant handed by the plaintiff as soon as once more, leaned over him and commenced to press the seat adjustment buttons underneath his arm relaxation, the swimsuit said.

“Stunned at having a stranger make bodily contact with him, plaintiff moved the flight attendant’s arm away and instructed her that he would alter his seat himself, which he instantly did,” the swimsuit filed final Nov. 21 said.

The flight attendant left and there have been no additional interactions between her and Klein, in keeping with the swimsuit. One other flight attendant who had witnessed the incident apologized to Klein for his colleague’s habits, stating that she was “having a nasty day,” the swimsuit said.

Klein says he thought of the matter closed and forgot in regards to the incident.

Nonetheless, in February 2022, Klein made reservations for himself and his spouse to fly on AA from Los Angeles to the Caribbean island of St. Maarten the subsequent month for a pal’s sixtieth birthday celebration, the swimsuit said. Upon arriving at Los Angeles Worldwide Airport after a experience from their San Diego residence, Klein and his partner started checking their luggage and located “to their shock and horror” that Klein was not permitted to fly on American Airways, in keeping with the swimsuit.

Though AA allegedly refused to elucidate why he’s banned from flying with them, Klein believes that the flight attendant concerned within the incident involving his seat adjustment in 2019 “solely out of spite filed a report with the airline that falsely accused plaintiff of refusing to comply with security directions.”

The ban of Klein from future AA flights prevented him from flying to some locations together with his relations, forcing him to incur larger prices and a lack of time by having to take flights on different airways, in keeping with the swimsuit.

Metropolis Information Service contributed to this text.