Delta Airlines Will Pay an Injured Passenger $8.5 Million

On May 29, 2015, plaintiff Atef Bandary, was a passenger on an airplane traveling from Atlanta, GA to Salt Lake City, UT. He claimed he requested food and water, even a snack to take with prescribed medication, though a flight attendant refused his request. After he complained to another flight attendant, the second flight attendant gave him a sandwich and a bottle of wine “on the house.” This second flight attendant also sold him four more bottles of wine over 2.5 hours. Bandary had to use the restroom frequently, though his frequent restroom use was brought to the attention of the lead flight attendant who with 45 minutes left in the flight, pulled Bandary out of the restroom line by name where he was waiting to relieve his diarrhea, and told him to return to his seat for the rest of the flight.

Bandary protested. He was taken to the back of the plane where he fell down. He claimed he was roughly handled. The crew ultimately cuffed him so tightly that one of his wrists bled. While in cuffs, Bandary’s pants fell to the floor and remained there exposing his private parts until the crew lifted his pants at his request.

Bandary sued the flight crews’ employer, Delta Airlines, Inc.

Bandary alleged claims for intentional infliction of emotional distress; assault and battery and negligent training.

Bandary claimed he suffered a shoulder injury. He claims he has ongoing movement restriction from his injury. He also sought recovery for his emotional distress. 

The jury found for Mr. Bandary and awarded him $8.5 million.

Mr. Bandary was represented by Zein E. Obagi Jr. and Hee J. Kim of Obagi Law Group, P.C.