AUSTRALIA: Passenger suing Etihad Airlines for $227,000 after being seated next to ‘grossly overweight’ passenger

Etihad Airways has lost a court bid to have James Andres Bassos’s case thrown out of the District Court in Brisbane.


A MAN who claims he hurt his back when he was forced to sit for hours on a long flight beside a space-invading fat passenger is suing an international airline for $227,000.

Etihad Airways has lost a court bid to have interior designer James Andrew Bassos’s claim struck out.

Mr Bassos was flying economy class from Abu Dhabi to Sydney in October 2010 when he was seated next to a “grossly overweight” man who “encroached into his seat”, the court heard.

In his Brisbane District Court claim, Mr Bassos, 38, who is from Moorooka but is now living in United Arab Emirates, claimed the other passenger was frequently coughing and “expelling fluid from his mouth”.

Mr Bassos claimed he ended up with a back injury and aggravation of a previous back problem after being forced to twist and contort his body to avoid contact.

Mr Bassos said after five hours of discomfort he complained, but his request to be given another seat was refused.

After another half-hour he again asked to move and was allowed to use a crew seat for an hour, before returning to his seat, the court heard.

After another stint in the crew seat Mr Bassos said he had to return to his allocated seat for an hour-and-a-half before landing.

Mr Bassos later told a doctor that after landing in Sydney he was escorted from the aircraft by Australian Federal Police, but not detained, and flew on to Brisbane.

Mr Bassos filed a claim against the airline in 2012 for damages for personal injuries resulting from an “accident”, defined as an “unusual or unexpected event external to the passenger”.

Etihad claimed there was no accident.

Judge Fleur Kingham did not agree with the airline’s argument that the claim was one arising from cramped conditions that were usual or to be expected.

She said she was not satisfied that Mr Bassos had no real prospect of success with his claim.

An Etihad Airways spokesperson said it would be inappropriate to comment in detail while legal proceedings were under way.

“Etihad Airways will continue to oppose the action and now that Mr Bassos will finally face a medical assessment in December 2015, as directed by court, we believe that the matter will proceed to an early conclusion,” the spokesperson said.

“The safety and comfort of Etihad Airways’ passengers and crew is of paramount importance and the airline has a zero tolerance policy towards unruly behaviour.”