MORRISTOWN, N.J. (CN) – Blaming United Airlines for boarding a passenger in a drunken stupor, a New Jersey man wants damages after he had to endure a cross-country flight soaked in the other man’s urine.
Daniel Card’s unsolicited golden shower occurred, according to the Oct. 11 complaint, as United Fight 1871 to Newark prepared to leave the gate from Los Angeles International Airport on June 12.
“As the flight was getting ready to take off, the passenger seated in 24E took out his penis, and aimed it at Card and proceeded to urinate all over Card’s leg, while Card was confined to his seat due to an imminent departure of the flight,” the complaint states, filed in Morris County Superior Court by attorneys at the Denville, N.J., firm Einhorn Harris Ascher.
Predictably, Card says, the same members of the flight crew who had no qualms about boarding a visibly drunken passenger made no effort to intercede.
“Shaken and disturbed by these events, Card attempted to wake the passenger from his drunken stupor to make him cease, but was unable to wake him due to the extent of the passenger’s intoxication,” the complaint states.
Adding insult to injury, Card says he had a hard time requesting a change of seat from United “to avoid the continued humiliation, assault and inhumane experience of sitting in urine-soaked clothes on a urine-soaked seat.”
Card did get a change of seat eventually, according to the complaint, but was “forced to endure the remainder of the flight to Newark, New Jersey, while remaining in his urine-drenched clothing.”
Risking the safety of everyone on the plane, Card says “United failed and refused to change the flight itinerary as a result of the assault.”
Representatives for United have not returned a request for comment.
Card notes that from the plane he managed to contact his father, who then relayed the matter to law enforcement. But for such intervention, he says, “no one would have intervened to contacted law enforcement.”
The FBI interviewed Card and his assailant in seat 24E once they deplaned in Newark, according to the complaint.
Aside from remembering that “he had consumed at least four Rum and Cokes while at the airport bar at Los Angeles prior to boarding,” the passenger had no recollection of the flight.
One minute he was at the LAX bar, according to the complaint, the next minute he was at Newark.
Card says “the passenger’s unresponsive state upon being seated should have been a clear indication to United of the passenger’s heavy intoxication.”
In addition to negligence and assault causes of action, Card alleges breach of contract and emotional distress.
He is represented by Timothy Ford with Einhorn, Harris Ascher, Barbarito & Frost.
SOURCE : COURT HOUSE NEWS