Fort Lauderdale attorney Latoya Harridon-Lodge represents a plaintiff who claims she was thrown backward off an unsecured wheelchair while disembarking a JetBlue flight. Courtesy photo.Alleged Jet Bridge Calamity Results in Suit Against JetBlue, Wheelchair Provider
Instead of touching down safely after a January 2018 flight from Jamaica, a Sunrise resident alleges her wheelchair flipped over and threw her out because staff hadn't properly secured it.
January 02, 2020 at 12:04 PM
3 minute read
A mishap on a JetBlue Airways Corp. plane at Fort Lauderdale-Hollywood International Airport has resulted in litigation hinged on the Montreal Convention, a multilateral treaty that regulates compensation for air-disaster victims.
The lawsuit names New York and Texas defendants, and claims these companies' staff breached their duty of care to passengers in wheelchairs.
Plaintiff Yvonne Nosworthy from Sunrise claims she suffered serious injuries because staff failed to properly secure her wheelchair onto a jet bridge, a movable tunnel that links an airport terminal gate to an airplane.
Instead of touching down safely after a January 2018 flight from Jamaica, Nosworthy claims her wheelchair flipped over when she sat in it, throwing her out.
Nosworthy's daughter stood behind her and managed to break the fall, but the complaint alleges severe and permanent injuries. Nosworthy damaged her neck and back, twisted her leg, tore her meniscus and will likely need knee surgery, according to her Fort Lauderdale attorney, Latoya Harridon-Lodge.
The personal injury suit points the finger at New York-based JetBlue and its wheelchair service provider ABM Aviation Inc., headquartered in Texas, which works with all top 10 airlines in the U.S. The companies did not immediately respond to requests for comment.
Nosworthy's case originally landed in state court in 2019, but was removed to federal court at the defendants' request.
In Harridon-Lodge's experience, defendants frequently deny liability in lawsuits over services carried out by third parties, but she argues passenger safety is a non-delegable duty.
"When they sub out these services to third parties, what's happening is that the duty of care is not being met," Harridon Lodge said. "And then they say, 'That wasn't our fault, that wasn't our responsibility.' However, this third party corporation is essentially under your direct supervision."
The suit alleges the defendants are subject to unlimited damages because they didn't take all necessary measures to avoid the incident, and hadn't properly trained staff.
Nosworthy's case presents a federal question under a series of U.S. laws and treaties, including The Convention for the Unification of Certain Rules for International Carriage by Air, which governs liability for transporting people and goods internationally.
|Read the complaint:
|Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
Historic Flooding, Power Outages and Debris From Hurricane Milton Forced Tampa Law Firms to Go Remote
3 minute read
Sullivan & Cromwell Dismissed as Defendant in Lawsuit from FTX Investors
Eleventh Circuit Rules for Moms for Liberty in Free Speech Case Against School Board
4 minute read
Employee's Alleged Action Lands Marriott in Court for Defamation, Negligence
Trending Stories
Who Got The Work
Dechert partners Andrew J. Levander, Angela M. Liu and Neil A. Steiner have stepped in to defend Arbor Realty Trust and certain executives in a pending securities class action. The complaint, filed July 31 in New York Eastern District Court by Levi & Korsinsky, contends that the defendants concealed a 'toxic' mobile home portfolio, vastly overstated collateral in regards to the company's loans and failed to disclose an investigation of the company by the FBI. The case, assigned to U.S. District Judge Pamela K. Chen, is 1:24-cv-05347, Martin v. Arbor Realty Trust, Inc. et al.
Who Got The Work
Arthur G. Jakoby, Ryan Feeney and Maxim M.L. Nowak from Herrick Feinstein have stepped in to defend Charles Dilluvio and Seacor Capital in a pending securities lawsuit. The complaint, filed Sept. 30 in New York Southern District Court by the Securities and Exchange Commission, accuses the defendants of using consulting agreements, attorney opinion letters and other mechanisms to skirt regulations limiting stock sales by affiliate companies and allowing the defendants to unlawfully profit from sales of Enzolytics stock. The case, assigned to U.S. District Judge Andrew L. Carter Jr., is 1:24-cv-07362, Securities and Exchange Commission v. Zhabilov et al.
Who Got The Work
Clark Hill members Vincent Roskovensky and Kevin B. Watson have entered appearances for Architectural Steel and Associated Products in a pending environmental lawsuit. The complaint, filed Aug. 27 in Pennsylvania Eastern District Court by Brodsky & Smith on behalf of Hung Trinh, accuses the defendant of discharging polluted stormwater from its steel facility without a permit in violation of the Clean Water Act. The case, assigned to U.S. District Judge Gerald J. Pappert, is 2:24-cv-04490, Trinh v. Architectural Steel And Associated Products, Inc.
Who Got The Work
Michael R. Yellin of Cole Schotz has entered an appearance for S2 d/b/a the Shoe Surgeon, Dominic Chambrone a/k/a Dominic Ciambrone and other defendants in a pending trademark infringement lawsuit. The case, filed July 15 in New York Southern District Court by DLA Piper on behalf of Nike, seeks to enjoin Ciambrone and the other defendants in their attempts to build an 'entire multifaceted' retail empire through their unauthorized use of Nike’s trademark rights. The case, assigned to U.S. District Judge Naomi Reice Buchwald, is 1:24-cv-05307, Nike Inc. v. S2, Inc. et al.
Who Got The Work
Sullivan & Cromwell partner Adam S. Paris has entered an appearance for Orthofix Medical in a pending securities class action arising from a proposed acquisition of SeaSpine by Orthofix. The suit, filed Sept. 6 in California Southern District Court, by Girard Sharp and the Hall Firm, contends that the offering materials and related oral communications contained untrue statements of material fact. According to the complaint, the defendants made a series of misrepresentations about Orthofix’s disclosure controls and internal controls over financial reporting and ethical compliance. The case, assigned to U.S. District Judge Linda Lopez, is 3:24-cv-01593, O'Hara v. Orthofix Medical Inc. et al.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
