United Airlines passenger David Dao launches legal action after being dragged screaming from overbooked plane

David Gardner13 April 2017

A doctor has launched legal action against United Airlines after he was dragged screaming from his seat when his flight home was overbooked.

The latest twist in the public relations nightmare for America’s fourth biggest airline came after President Trump called the handling of the incident ‘horrible’ and said more could have been done to avert the violence.

The passenger, David Dao, 69, has retained a high-powered personal injury lawyer and asked for a court order requiring United and the City of Chicago, which runs the airport where the incident happened, to keep all video, cockpit recordings and other reports from the flight, along with the personnel files of the Aviation Department officers who pulled the doctor from the plane.

The request was made citing a risk of "serious prejudice" to Dr Dao if the order was not made.

Three airport police officers have been placed on leave while the authorities investigate the confrontation.

David Dao: Shocking images showed the passenger bleeding from his mouth

Viral videos of Dr Dao being manhandled from his seat and dragged down the plane’s aisle with his face bloodied have been watched by millions around the world.

With the airline’s stock plunging, United CEO Oscar Munoz said in an interview with the Good Morning America breakfast TV show yesterday that he felt "shame" when watching the cellphone footage.

"This will never happen again on a United Airlines flight," he said, offering his apologies to the doctor, his family, passengers on that flight and United's customers and employees. He said he took full responsibility for the situation but has no plans to resign.

He admitted that he didn’t think Dr Dao was at fault.

"He was a paying passenger sitting in our aircraft. No one should be treated that way," he said. Mr Munoz also said United already has decided it will no longer call on law enforcement to remove passengers from oversold flights once on board.

Removal: shocking footage of the incident was shared thousands of times
Facebook/Audra D. Bridges

"To remove a booked, paid, seating passenger, we can't do," he added.

It was the United chief’s third attempt at offering an explanation and followed criticism that earlier muted apologies labelling the passenger "belligerent" had only added more fuel to the backlash.

The doctor’s lawyer, Thomas Demetrio, said his client was still in a Chicago hospital last night being treated for his injuries.

Mr Demetrio is known in the US for winning big settlements for his clients.

Dr Dao was one of four passengers involuntarily bumped from the United flight from Chicago to Louisville, Kentucky after attempts to find volunteers to switch to a later flight failed. When he refused to leave his seat, he was forcibly removed.

As a partial result of the backlash against United, the company has seen the value of its shares plummet by as much as 4.4 per cent in the days following the incident.

Because of the high profile public outcry, experts said the airline was likely to make a fast and generous settlement.

‘Because United has such a catastrophic PR problem, this case has a much greater value than such a case would normally have,’ Paul Callan, a New York civil and criminal lawyer, was quoted as saying yesterday.

US Congresswoman Jan Schakowsky said last night that she plans to introduce legislation that would bar airlines from involuntarily bumping passengers from overbooked flights and require airlines to seek volunteers to switch to later flights before boarding.

‘If an airline chooses to oversell a flight, or has to accommodate their crew on a fully booked flight, it is their responsibility to keep raising their offer until a customer chooses to give up their seat,’ she insisted.

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