Airplanes / Aviation, Justice

United Settles With Dragging Victim, Gets Chicago Off The Hook

It's official, do not drag non-violent people off of planes.

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(Photo by Rick Kern/Getty Images for United Airlines)

(Photo by Rick Kern/Getty Images for United Airlines)

Last week, top trial lawyer Thomas Demetrio announced that United Airlines had reached a settlement with his client, dragging victim David Dao. Dao was dragged off a flight on April 9, and United settled before the end of the month.

Terms were undisclosed, but that was a mighty quick re-accomodation on the part of United’s lawyers. Much like what happened on the flight, United just wanted Dr. Dao to go away.

It also made sense for Dao to settle quickly. Right now, United is still in the suck. But eventually, Dao v. United would be supplanted by some other viral video of an airline beating the crap out of a passenger, or of a bus driving off with a passenger’s arm still caught in the door. Dao was right to get his money while the nuns were still shouting “shame” at the airline.

But there’s another caveat to this settlement that hasn’t received a lot of press. From DNAInfo:

Dr. David Dao’s lawyers confirmed Friday that the settlement includes a provision that prohibits him from suing the city, even though his nose was broken, two of his front teeth knocked out and he suffered a concussion at the hands of three city Aviation Security Officers…

“United has taken full responsibility for what happened on Flight 3411, without attempting to blame others, including the City of Chicago,” Dao’s attorney Thomas Demetrio said in a news release.

Meanwhile, the Chicago Department of Aviation has confirmed that the chief of security at O’Hare has been fired.

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Remember all those people who turned into lawyers on Facebook and posted that United did nothing wrong because it was airport police who actually assaulted Dao? Remember all those people who said that the police did nothing wrong because Dao refused to follow their instructions? Let this settlement be a teachable moment on two points:

1. If your giant corporation wants the ability to call in the cops to settle its customer disputes, it best be prepared to indemnify the police when the cops go all “paramilitary jackboots.” In the future, perhaps airlines should only call the cops when they have a criminal, not when they have a lack of volunteers.

2. The cops are not supposed to respond to non-violent situations by beating your ass. THAT IS NOT THE RULE. Refusal to comply with police is not an invitation for police brutality.

I hope United, Chicago police, and the defenders of those two organizations have all learned something from the Dr. David Dao situation. Don’t drag non-violent people out of their seats. It’s never worth it.

City Won’t Have To Pay Doctor Dragged Off Flight Under United Settlement [DNAInfo]

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Earlier:

United Passenger Lawyers Up, Will Likely ‘Re-Accommodate’ Airline In Court

Elie Mystal is an editor of Above the Law and the Legal Editor for More Perfect. He can be reached @ElieNYC on Twitter, or at elie@abovethelaw.com. He will resist.

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