CA Jury Awards Passenger $7.2 Million After Delta Sold Him 4 Bottles of Wine & Flagged Him for Frequent Use of Lavatory
LOS ANGELES, CA, UNITED STATES, December 22, 2021 /EINPresswire.com/ -- Bandary v. Delta Air Lines, Inc., 5:17-cv-01065-DSF-AS
Two months after seeing his favorable verdict put on hold, Obagi Law Group, P.C.’s client Atef Bandary has received judgment on a $7.225 million verdict awarded by a unanimous Central District of California jury in his lawsuit against Delta Air Lines.
Mr. Bandary, an Egyptian-American is a man who, over 20 years ago, fled the Middle East to flee persecution and was granted asylum in the U.S.
The unanimous federal jury verdict vindicates Mr. Bandary who sued Delta after a horrific, injurious experience in 2015 in which he was retaliated against for complaining about poor customer service. A flight attendant refused to let him cut the passengers ahead of him in the plane for water and a snack so he could take his medications.
After he complained to another empathetic flight attendant, the second flight attendant gave him a sandwich and a bottle of wine “on the house”.
Then, the second flight attendant sold him four more bottles of wine in the span of about 2.5 hours.
His resulting frequent restroom use was brought to the attention of the lead flight attendant who, with 45 minutes left in the flight, pulled Mr. 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 cornered in the back of the plane where he fell down, then was “man-handled” and suffered a shoulder injury that pains him to this day. The crew eventually cuffed him so tightly that one of his wrists bled. While in cuffs, his pants fell to the floor and remained there exposing his private parts until crew alas lifted his pants at his request.
Worse yet, Mr. Bandary was later charged with assaulting and intimidating the crew -- charges of which Mr. Bandary was later acquitted. But the jury in the civil case heard no evidence about the criminal prosecution of Bandary.
"This federal court judgment confirms what we already knew," Obagi Law Group lead counsel Zein Obagi, Jr. said, "that the humiliating injuries suffered by Mr. Bandary at the hands of a xenophobic Delta crew was not only unacceptable, but caused him severe irreparable physical and psychological damage in light of prior trauma in Egypt.”
The court’s judgment also respects the diligence of the federal jury, which served with facemasks and social distancing protocols to carefully deliberate not once, but twice.
Obagi also thanked jury consultant Harry Plotkin for developing a basic “customer service” and “respect”-focused theme for trial that resonated with the jury.
Obagi Law Group, PC is a civil litigation law firm that focuses its practice on representing employees in the workplace with regarding to claims of unlawful employment discrimination, retaliation and wrongful termination.
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Aurora DeRose
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