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Follow-up: Forced to sit in the toilet stinks, but does it deserve $2 million?
I honestly feel bad for Gokhan Mutlu, the New York man at the center of a...let's say certain kind of storm, having been forced, he says, to sit in the toilet on a JetBlue flight from California to New York after getting bumped from his seat by an off-duty flight attendant.
It's been all over the blogs in recent days (Grant covered it for us). As I see it, there was very little he could have done, having been told -- rather forcefully, according to some reports -- to go "hang out" in the john by what appears to be the plane's rather militant captain. These days, how much can you really question flight crew members, especially the captain? Could he have refused on the grounds that, well, no one should be made to ride in the toilet? Could he have voiced his objections (no doubt he did a little)? Perhaps...but then again, all you need is to be seen as a little bit disruptive and before you know it, the captain could have the plane on the ground and you in an orange jumpsuit for endangering the flight.
But that's not really my point. My point, which is really a question, is this: Why $2 million? Although I am on Mutlu's side, for what that it's worth, I'm wondering whether his suing JetBlue for $2 million doesn't seem a tad, well, greedy, like he saw an opportunity (no doubt goaded by some lawyer) for a quick pay day and took it.
Litigation is America's national pastime, I know, but each time I read about some begrudged soul rushing to the court room I shake my head, not so much at the rapid response lawsuit but at the damages sought, which can so often seem to outweigh the wrong a person endured. I'm not talking class actions against Big Tobacco here, but more of the fall in the supermarket, sue for $10 million for "mental anguish" type suits.
No question Mutlu was wronged and humiliated, but what price tag should such degradation carry? Why not something like a refund, a free flight every month for a year and a very public apology from JetBlue? Why not said apology and refund, and $10,000 for his trouble?
What do you think? Is this incident worth a $2 million lawsuit?
Reader Comments (Page 1 of 1)
Shane May 15th 2008 8:43AM
I tend to agree with you about American's being litigation crazy and you ask a great question! But a hard one to answer - he's certainly getting his 15 minutes of fame at the expense of JetBlue (rightly so) but $2 million is a lot of money and I agree that it's a bit excessive. If I was the competition I just might step up and make one of the offers that you suggested just to make JetBlue look like heels for not doing it first!
Rob May 15th 2008 9:36AM
The pilot should have not been able to take off because the person in the toilet did not have his seat belt on. It is the Pilot's responsibility. Has the FAA contacted Jet Blue for the safety violations??
Debbie May 15th 2008 10:00AM
2 million seems steep for 6 hours of suffering (I'd be willing to sit on that toilet from California to New York for a mere 1 million ;)
It would be interesting to know how his lawyers came up with this number. 10k would have barely made Jet Blue take notice of the issue, perhaps the 2 million dollar number is more about drawing attention to the way that passengers are sometimes treated on airplanes & making sure that JetBlue sets some limits on employee behavior.
I fly a lot (and often with two small children). Flight attendants often ask me to do things that I know aren't right. I've had them make snarky comments about me nursing on a plane, tell me I can't get up to stretch in my seat area during meal service (with the seatbelt light off), refuse to give me more than a few ounces of bottled water to mix formula with (a sympathetic flight attendant sneaked me some later with the warning "don't tell anyone".
On one particularly unhappy British Airways flight, I even had a gate agent decide that she needed to personally inspect my carryon to make sure it had "only essential items that would pass through security" and insist that I could only bring a couple of diapers for my trip from Paris to Seattle! That story is here: http://www.deliciousbaby.com/journal/2006/aug/20/british-airlines-pregnant-toddler-not-so-fun/
Like most passengers, I am polite and try not to challenge airline employees unless I think my safety or my kids safety is at risk. There have been so many stories of people being denied boarding or worse that it can feel like airline employees have unlimited authority & I think this story demonstrates that.
Debbie
http://www.deliciousbaby.com
http://
Alison Lafin May 15th 2008 10:04AM
I agree! The courts need to real in these claims and maybe those ready to jump to sue will think a little more resposably.
BrianM May 15th 2008 10:18AM
Hopefully the judge is one to think about and offer alternative solutions. Personally, I like the "eye for an eye" approach on these kinds of things. Ground the pilot without pay for a month or two and refund the ticket price. Costs Jet Blue net to nothing and punishes the PERSON (not company) who generated the situation. I sure wouldn't mind seeing the flight attendant get in on some of that "no pay" action too, since she is the root cause of the whole issue.
The $2mil is just to make the company take notice. Chances are VERY good for a settlement, and I bet if anyone remembers this story after the next day or two, that's what will be seen.
Sucks that there's SUCH a lack of personal accountability anymore. I have to think that if it were me, I'd just politely say "I'm sorry, this was the seat assigned to me" and remain seated. What's going to happen, someone going to draw a lawsuit upon them by trying to physically drag you out of the seat? The pilot going to lie and say you were being disruptive? (With HOW many witnesses to the contrary).
Sam May 15th 2008 10:19AM
Personally I think that 2 million is just an arbitrarily high sum to ensure that he does get everything that is coming to him.
I am not a proponent of litigious activity but in this case I think it is fully justified. Not only was it a matter of discomfort and inconvenience but reckless endangerment.
The comfort of an employee WHO HAD A SEAT should not come before a customer (paying or not) having to sit in any place without a seatbelt.
It was certainly not within standard procedure to make the man sit in the bathroom so I would have thought that making him sit in the jumpseat (which isn't standard procedure) would have been the preferred measure, as at least it has a seatbelt.
Whether or not there was turbulence, the pilot was putting that man at unecessary risk by making him sit anywhere that didn't have an FAA required seatbelt. The pilot should quite frankly lose his job and the passenger should get whatever he asks for.
rrgg May 15th 2008 11:15AM
He was apparently traveling on a buddy pass. I bet there is more to the story than he's telling.
paul May 15th 2008 5:22PM
Americans are litigation happy because that's the only thing large companies understand. If he had been satisfied with an apology and a refund, the airline wouldn't have learned anything. Sadly, money and the news coverage that comes with it are the only two things that can make airlines improve.
Dick May 15th 2008 6:01PM
Did the airplane leave the ground with more bodies than seats? Is the toilet an assigned seat with a seatbelt?
WhatNext May 16th 2008 3:29PM
Not against the $2M amount....and here's why...
Oh! and also...I do not know this guy from adam...
The way I understand litigation works is to make an example of wrongdoers and you do that by suing big. Now if this person was a celebrity, I bet they wouldn't have been treated that way. I also believe that the fact that he had a pass and had not paid for the ticket does not diminish his rights as a passenger. If that were so, should we expect less each time we get a discount?
They disrespected him, humiliated him and endangered him. Now if this was your child...could any amount, leave alone $2M be enough? Why is disrespecting, humiliating and endangering worth different for different classes of people?
It angers me that the pilot and staff had the audacity to imply that this guy was worth less than anybody else on board.
Joe Nov 10th 2008 5:29PM
Jetblue STINKS they have gone down HILL 2 million is NOT enough sue them for more the only way for them to change and DONT FLY THEM NO MORE-
Mathew-New mexico Personal Injury Lawyers Apr 10th 2009 6:09AM
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