I bet United will be willing to settle. I think they would rather pay him to 
shut up and end this public shaming. But IMO you are absolutely correct on the 
legal aspects here.

-----Original Message-----
From: Mercedes [mailto:mercedes-boun...@okiebenz.com] On Behalf Of G Mann via 
Mercedes
Sent: Thursday, April 13, 2017 5:20 PM
To: Mercedes Discussion List
Cc: G Mann
Subject: Re: [MBZ] (Doctor?) dragged off United AIrlines flight

Andrew, As always, you raise interesting hypothetical s to consider. Thanks for 
the challenge.

There is a well founded legal principle that comes into play in all of this 
called contributory escalation, wherein the claimant is responsible for the 
chain of events which lead to his being injured [legal injury is not always 
physical injury].

Dr Dao, it appears, did indeed contribute, in an escalating series of actions, 
to the chain of events which led to his "legal injury" claim.
Thus, I posit, that a competent attorney for the airline would raise each of 
those points at trial in a most convincing argument to the jury.

Further, under the Patriot Act, as amended, post 911, any passenger who 
presents as a disruptive to the flight, or the safety of either the flight or 
the crew, or passengers, may be removed from that flight by Air Marshals or 
Police, by any use of force necessary [within the established criteria of force 
escalation for a combative individual].

Therein, the legal argument could be made by the airline that said individual 
escalated the incident, and use as comparative for the jury and the court the 
hundreds of people who are bumped off of flights and the airlines practice of 
reimbursement, which is regularly accepted as fair for the inconvenience to the 
passenger.

Consequently, the argument could be raised that Dr Dao was the structural cause 
for this incident, the damage to the Airlines business reputation, loss of 
stock value, loss of passengers due to the bad press, and numerous other valid 
arguments, all pertaining to this individuals  Contributory Escalation, which 
harmed the Airline..

Settlement value for damage to the airline?  Substantial. I wager a valid case 
could be made in the millions.. plus court and attorney costs...

Any bets?

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On Thu, Apr 13, 2017 at 1:11 PM, Andrew Strasfogel via Mercedes < 
mercedes@okiebenz.com> wrote:

> There were no obvious crippling injuries but the humiliation has to me 
> worth at least a mil.  What if it happened to you?
>
> On Thu, Apr 13, 2017 at 2:57 PM, Randy Bennell via Mercedes < 
> mercedes@okiebenz.com> wrote:
>
> > I was thinking pretty much the same thing. After watching the video 
> > of it a couple of times, I was not convinced that the security folks 
> > were that rough on him. That, and the story about how he appeared 
> > back on the plane later mumbling about how he had to get home. I am 
> > guessing that the security folks let him go once they were off the 
> > plane and that he
> appeared
> > to them to be ok at that point but he slipped back onto the plane to 
> > act out some more grief for the witnesses.
> >
> > RB
> >
> > On 13/04/2017 12:12 PM, Greg Fiorentino via Mercedes wrote:
> >
> >> OK team, here's my favorite theory about this:
> >>
> >> I have read that our Dr. Dao played poker for pocket money after he 
> >> lost his med license. Apparently he was pretty good, winning a 
> >> second place
> in
> >> one tournament and earning over $100K. All told he made more than 
> >> $200K from his skills. So here's what I think may have happened.
> >>
> >> He wants to keep his seat, and declines a few times to leave even 
> >> when threatened. When he sees he is likely to be removed by force, 
> >> he takes a look at the hand he was just dealt, and decides to go 
> >> all in. As the cop grabs him roughly, he purposely bangs his face 
> >> against the armrest, then feigns unconsciousness. The rest of the scene 
> >> plays out perfectly.
> >>
> >> Greg
> >>
> >>
> >>
> >
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