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Seat breaks, pins ‘oversized’ passenger on woman’s legs

Valerie Verkamp by Valerie Verkamp
September 6, 2019
in Local News
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A Spirit Airlines customer filed a lawsuit against the commercial airline carrier alleging an incident aboard a flight to Las Vegas left her paralyzed.

Ann Davis, 39, and Timothy Davis, 28, of Joplin, boarded a flight from Kansas City to Las Vegas and were seated in the middle area of the aircraft, directly behind an “oversized male” who occupied the middle and aisle seats, states the seven-page lawsuit.

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Shortly after takeoff, the middle seat in front of Ann “suddenly broke and collapsed backward, applying great pressure to the knees and legs” of Ann, the case says. Ann, who suffers from multiple sclerosis, and her husband, Tim, allegedly tried to push the passenger and his failed seat off Ann’s pinned extremities but were unable to free her legs, the case says.

Even though Ann and Timothy allegedly pressed the call button seeking emergency assistance from the flight attendant, Ann remained trapped “in severe and excruciating pain” for about 10 minutes, the case says.

As the lawsuit tells it, it wasn’t until the seat belt sign was turned off and the aircraft began reaching cruising altitude of 40,000 feet that the flight attendant responded to the situation.

Once Ann’s legs and knees were finally freed, the flight attendant relocated Ann and Davis near the front of the aircraft, where Ann informed the flight attendant that she lost feeling in her legs, the case says.

“The flight attendant notified the pilot and emergency personnel were waiting for Ann when the Spirit Airlines flight arrived in Las Vegas, Nevada,” states the lawsuit.

Ann contends Spirit Airlines acted negligently in failing to secure and maintain a proper seat for an “oversized” passenger, which caused or contributed to her injuries.

Ann claims she continues to suffer from pain and has not been able to walk since the incident. Ann and Timothy are seeking compensation for medical expenses and loss of income.

Tags: Lawsuits
Valerie Verkamp

Valerie Verkamp

Valerie decided she wanted to be a newspaper reporter when she was 28 years old and she successfully convinced the editor of the Platte County Landmark to give it 30 days. Now with The Landmark for over a decade, she has written countless stories on local government, education, lawsuits, community news, crime, and the prison system. Valerie hails from Park University with a BA in Elementary Education and a post-baccalaureate degree in paralegal studies from Penn Valley Community College. She has received honorable mention for Best Government News Story and joined her Landmark colleagues as recipient of the General Excellence Award in the Better Newspaper Contest sponsored by the Missouri Press Association.

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