Morbidly Obese Pair Sue Southwest

[767-300ER]

Siblings sue airline over weighty issue

[font=arial,helvetica,sans-serif]June 30, 2004
AP

SANTA FE -- A brother and sister from northern New Mexico are suing Southwest Airlines for humiliation after an airline employee told them, in front of other passengers, that they had to buy extra tickets because their weight would cause "comfort and safety" problems for others.



Andrea Kysar of White Rock and Martin McLaughlin of Espanola were booked to fly from Indianapolis to Albuquerque in July 2002 when the incident occurred, according to the lawsuit filed recently in state district court.

The siblings, along with Kysar's husband and daughter, had flown to Indianapolis on Southwest to attend memorial services for their mother. The airline did not invoke the policy requiring additional tickets when they flew to Indianapolis.

The confrontation and the ordeal in general "caused extreme humiliation and severe emotional trauma ... especially to the minor child [Kysar's daughter]," according to the lawsuit, which seeks unspecified damages.

A Southwest Airlines representative did not immediately return a call Tuesday seeking comment.

The company has 30 days to respond to the lawsuit.

An airline representative said in 2002 that the company "regrets any inconsistency in the application of its customer of size policy." A spokesman also said customers sometimes are asked to buy additional tickets on only one leg of a flight, depending on how full flights are.

The airline said gate employees determine whether to enforce the policy, aimed at keeping overweight or large passengers from causing discomfort to passengers seated next to them.

The family ended up returning to New Mexico by bus.

The airline refunded them the cost of their return fare.

According to the lawsuit, Kysar and McLaughlin are "morbidly obese" and called Southwest Airlines before traveling to see whether they needed additional tickets. They were reportedly told they did not.

According to the lawsuit, a Southwest employee told Kysar and McLaughlin they would have to buy additional tickets and "she did not care" that the family had no available cash to do so.

The lawsuit alleged that after the confrontation in front of other passengers, the gate supervisor also refused to let Kysar's daughter and husband, both "average height and weight," to board the plane and return to New Mexico. AP

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[Flying Freddie]

Let them eat peanuts!

 

[Oakum_Boy]

With the money they win, they can eat till they explode- and buy a whole row of seats to fly in. What a deal!

 

[pilot141]

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The airline refunded them the cost of their return fare.

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End of story. You get reimbursed your money, your bitching is done.

 

[100LL... Again!]

Here we go again.

Culture of victimization.

 

[flynryan15]

Here is an idea!!!!!!!!!! If they spent as much time and money on Diet and Exercise they wouldn't be in this situation. Gotta love old Bill Clinton Obesity is now a Disability.

 

[350DRIVER]

SWA should know the Mexicans inside and out...

95/5 split on most all flights in their favor

The family ended up returning to New Mexico by bus.

One in the same, take your pick.

3 5 0

 

[LearLove]

What happens here:


I have a 40-42 inch waist and my butt fits in the seat but my shoulders are broad (years of wrestling, rugby and college baseball). My jacket size is 56-58 depending on the cut of the suit. My shoulders are wider than the seat in coach. Do I have to buy 2 tickets?

 

[Freight Dog]

No, you just have to fill out 2 jumpseat requests. Better hope your airline offers unlimited seats or else only a half of you can go...

 

[Mach.75]

Yeah right

[font=arial,helvetica,sans-serif]The confrontation and the ordeal in general "caused extreme humiliation and severe emotional trauma ... especially to the minor child [Kysar's daughter]," according to the lawsuit, which seeks unspecified damages.
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Hmm... if it causes so much humiliation and trauma, then why would you want to bring it up in front of the whole country to judge how fat you and your, so fragile, little butterball, are.
Oh wait money heals everything (at least until your hungry again)

 

[juan2go]

350driver

It's good to see all of the expansion that your fine company is doing. You guys rock. Do they charge for two seats on those long skinny RJs that you fly when an exta large person shows up?

regards,

juan

 

[Sioux115]

Well I know for the airline I fly for we usually take a 20 min. delay while waiting for the gate to get a big enough wheel chair for this person and trying to get them up the straight back ramp. Then we put them in first class obviously because they are way too large for the CRJ coach seat that they had purchased.

Unbelievable!

 

[Cheesemo]

Maybe they'll be so traumatized that they'll lose their appetites and some weight! Probably a bit too much to wish for.
Or...maybe we can start carrying them as freight in the belly. Lots of room down there.

Cheers

 

[lurker]

[font=arial,helvetica,sans-serif] The confrontation and the ordeal in general "caused extreme humiliation and severe emotional trauma ... especially to the minor child [Kysar's daughter]," according to the lawsuit, which seeks unspecified damages.

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It sounds to me like they need to develop thicker skin. ha ha

 

[LearAv8r]

Einie Meanie Minie Mo - It is my guess that the fat people get no Dough.....



at least that is what happened in the "racist" case.

SWA will fight this and more than likely will win. We very rarely settle out of court. According to last years "payout" numbers we lost 10% of the cases via settleing or judgements.

lear-

 

[328dude]

Hmmm, not enough moeny to buy an extra seat, but enough to hire a blood sucking lawyer. Wonder what that will cost em......

 

[canyonblue]

Fat people got no reason to, Fat people got no reason to, Fat people got no reason to live. They got big fat heads and big fat eyes and big fat skin on those big fat thighs. Don't need no fat peo-ple, Don't need no fat peo-ple, Don't need no fat peo-ple 'round here.

Sorry Randy Newman

 

[FracCapt]

[font=arial,helvetica,sans-serif]According to the lawsuit, Kysar and McLaughlin are "morbidly obese" and called Southwest Airlines before traveling to see whether they needed additional tickets. They were reportedly told they did not. [/font]

Of course, I bet - when asked - they could not specify exactly what date/time they called, nor could they provide any information on who they spoke with. Yes, very credible. Sounds kinda like when dad catches you doing something wrong...and you say...MOM SAID I COULD!

I sure hope this gets thrown out of court....but knowing our court system, it will go to trial...and, unfortunately, they stand a good chance of winning.

 

[ivauir]

My company was started by and is run by lawyers - don't try to sue us - it makes Herb crouchy.

 

[Habib]

That would be nice

It would sure be nice if pre-lawsuit happy USA could return. If you were not happy with your service you told your friends and did not return, and if you were daring, you asked for your money back.

That would be nice.