Overlawyered reports here that the 10th Circuit has upheld both a partial summary judgment awarded Southwest Airlines and the jury verdict in favor of the airline in a suit brought by two passengers who alleged that they suffered emotional and physical distress when a flight attendant recited "a nursery rhyme with a racist history."
In an attempt to get the passengers seated so the plane could depart, the flight attendant announced over the intercom, "Eenie, meenie, minie, mo, pick a seat, we gotta go."
The 10th Circuit's opinion can be found here.
N.B. Okay, I know I have been prolific (for me) in posting today but that is only because I took the day off, roughed out a first draft of my portion of an appellate advocacy book I am collborating on and decided to celebrate by spending lot of what was left surfing the blogs (as you can see). Don't get used to it.
1 comment:
You didn’t tell your readers that this was more than just a nursery rhyme that caused offense (though I do like racist nursery rhymes, myself): Plaintiff Fuller, who is epileptic, claimed that she suffered a petit mal seizure during the flight as a result of the announcement. She also claimed that she suffered a grand mal seizure that evening at home, leaving her bedridden for several days.
Not that it matters.
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