Delta Injured Passengers Case Moved to Federal Court in Conn.
Attorneys for Delta Air Lines have successfully moved a lawsuit facing the airline from state Superior Court to Connecticut federal court. A mother and her young daughter were apparently injured when a large light fixture cover fell on their heads while seated in the plane.
December 17, 2019 at 04:20 PM
3 minute read
Delta Boeing 737 Departing Atlanta Airport. Photo: CarterAerial/Shutterstock.com
Citing the $75,000 threshold of damages sought, U.S. District Judge Stefan Underhill of the District of Connecticut has granted Delta Airlines' request to transfer a lawsuit filed on behalf of a mother and her minor daughter injured on a Delta flight from Connecticut Superior Court to U.S. District Court District of Connecticut.
Attorneys for Delta Airlines requested the move to federal court in the case of Evans and Vargas v. Delta Air Lines after learning in a Dec. 10 phone call with plaintiff's counsel that they were seeking to recover $150,000 for Theresa Evans and $25,000 for her daughter, Alyna Vargas. The matter was moved to federal court Tuesday.
The lawsuit, which was first filed in Bridgeport Superior Court on Aug. 6, alleges Evans and Vargas were on a Delta flight in September 2017 when "suddenly and without warning, both plaintiffs were struck in the head when a large light fixture cover fell down from above their seat."
The lawsuit says Evans and Vargas, who live in Bridgeport, sustained serious injuries due to the neglect of the Atlanta-based airline. The lawsuit does not identify the age of Evans or her daughter.
Evans, the lawsuit says, sustained a concussion and a head injury in addition to injuries to her neck, back and face. The suit says Evans also has had migraines, intractable headaches and dizziness and suffers from mental and physical pain and suffering.
Her daughter, the lawsuit says, suffered a concussion, head injury, contusion to her head and cheek, and swelling under her left eye. In addition, the claim contends, Vargas also had a severe shock to the nervous system and suffers from mental and physical pain and suffering.
Both mother and daughter, the lawsuit states, will be forced to expend money for X-rays, MRIs and other medical needs.
The suit also says the airline was negligent in that it didn't properly maintain and inspect the light fixture cover, failed to warn the plaintiffs of the unsecured light fixture cover, and failed to properly secure the light fixture cover in question.
As of Tuesday, Delta had not issued a response to the plaintiff's claims.
Representing Delta are Shrina Faldu and Robert Laurie, both with West Hartford-based Gfeller Laurie. Laurie declined to comment, and Faldu did not respond to a request for comment Tuesday.
Representing Evans and Vargas is Bradley Sorrentino of the Branford-based Law Offices of Bradley L. Sorrentino. Sorrentino was unavailable to comment by press time.
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