TB flyer being sued for $1.3M

[samssugarmomma]

I kind of think that the fellow passengers should be allowed to sue him since he was warned to not travel and showed a blatent disregard for other people and their health. Perhaps as someone who is pregnant and has a weakened immune system I'm a little more sensitive to this type of thing....

[GrayMatterWife]

Re: TB flyer being sued for $1.3M

http://www.cnn.com/2007/HEALTH/condi...uit/index.html

Should he be sued and should he have to pay the passengers with whom he flew?

I was wondering about that suit, too. I know very, very little about this, but I think that you are really limited about what kind of actions you can bring against an AIRLINE for acts occurring while boarding, taxiing, flying, or deplaning (I think causes of action related to such accidents/incidents are governed by the Warsaw Convention Act, unless the complainant can provide intent to harm by the airline...). However, I don't think those limitations apply to suing an individual not employed by the airlines for acts occurring while in-flight. If that's the case, I wonder: (1) whether this is a federal or state action; (2) how to determine jurisdiction; and (3) what the causes of action asserted are (maybe intentional infliction of emotional distress? Possibly assault--for exposure to the TB?).

Maybe someone who practices personal injury or aviation law could make some educated guesses...?

Whether or not he can sue, I don't know anything about that. I would feel like it was warranted if someone could show that they got TB from him, especially if he had the strain that is highly resistant to treatment.

[Cumberland]

I dont think any of the fliers have contracted TB, and it has been shown that he is not as contagious as previously thought. So if no one got TB, then I would think the only thing he could possibly owe is the cost of the other passenger's TB testing. None of this pain and suffering crap IMO.

[Meenah]

I dont think any of the fliers have contracted TB, and it has been shown that he is not as contagious as previously thought. So if no one got TB, then I would think the only thing he could possibly owe is the cost of the other passenger's TB testing. None of this pain and suffering crap IMO.

ITA!

[DCJenn]

Actually, one of the flyers has tested positive for TB- whether that's just exposure to TB or the actual disease, who knows. and who can prove that he got it from Smug Smarmy Man.

It was his blatant disregard for basic international law that has people steamed, I think. Had he done what he was supposed to- none of this would have happened.

Jenn

[Meenah]

He really was an asshat!

[GrayMatterWife]

He really was an asshat!

HAHAHAHA!

That word is AWESOME. Love it. I mean, you KNOW it's a complete dig, but you're not really sure why, because it is so ridiculous. I've seen other posters here use it.

I am going to recommend it to my DH--he'd probably get a lot of use out of it at the hospital.

Right now he uses "assclown"--from then movie "Office Space"...

[DCJenn]

I believe asshat originally came to us from Spotty Dog and I've used it exclusively ever since.

It's beauty lies in it's simplicity.

Jenn

[Meenah]

Jenn, I thought you came up with the word!!! I was going to give you exclusive credit!

[Cumberland]

The person had a positive PPD ( skin test) and a negative chest x-ray, which means the odds of actual TB are slim. If that person ever had the BCG ( TB vaccine given in europe) or was ever exposed to TB in his lifetime, his skin test would be positive. I think the press is trying to make out like this person has TB which has not been proven at all, and is probably not the case. He is still is an asshat ( but kind of cute too).