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A mom received a small claims settlement of $3,500 towards American Airways on Friday for “breach of contract” and “negligent infliction of emotional misery” after she mentioned a flight attendant harassed her over the seating of her twin infants throughout a flight.
Erika Hamilton, a lawyer from Oregon, was on a February flight along with her 18-month-old twin daughters from Portland to Tallahassee, Florida, with a layover in Dallas, in response to a replica of the criticism filed to the Circuit Court docket of the State of Oregon for the County of Multnomah.
Within the criticism, Hamilton wrote how she bought tickets for one daughter to take a seat in her lap and the opposite in a seat – which adopted American Airlines’ policy at the time.
Infants beneath the age of two “should both journey in a security seat authorised by the Federal Aviation Administration (FAA) or have the ability to sit upright of their seat with out help and have their seatbelt securely mounted throughout taxi, takeoff, touchdown and every time the ‘fasten seatbelt’ signal is on.”
The mom ended up being “belittled and harassed” by a flight attendant, Hamilton informed USA TODAY through electronic mail, “once I was doing one thing that’s completely allowed and that’s already simply actually arduous – flying alone with two children beneath the age of two.”
American Airways didn’t reply to USA TODAY’s request for remark.
The criticism states the primary flight went easily, however the layover flight is when the battle occurred.
Extra: Airline family seating policies highlighted amid Biden push and new DOT dashboard
Upon boarding, a flight attendant allegedly “approached me to query whether or not my seating configuration was secure for my kids,” the criticism mentioned.
The flight attendant continued to inform Hamilton it was towards FAA and airline coverage for one daughter to fly with no automotive seat, and Hamilton tried to refute that by pulling up the foundations.
The lady seated behind Hamilton supplied to carry one of many twins, which Hamilton felt was the one choice at this level.
“By doing so, American Airways positioned the security of my youngster in danger, given it’s a lot safer for my youngster to be seated in her seat, with the security belt mounted, then to be a lap youngster within the care of a stranger,” she wrote within the criticism.
Halfway by way of the flight, the flight attendant reportedly apologized to Hamilton.
Hamilton mentioned she filed a report with the airline on Feb. 8, and the flight attendant additionally filed her personal. Within the report, the flight attendant mentioned she noticed Hamilton having “problem” dealing with her twins and felt “involved” over the security of the kids.
Hamilton claims the majority of the flight attendant’s report is “inaccurate.”
Hamilton reached out to the airline for a refund however was solely supplied a $75 voucher, so she turned to small claims court docket. She filed a lawsuit in April looking for $3,500 in damages.
“I took the case to court docket as a result of I feel a giant downside with company America is that there’s little or no treatment for the ‘little man’ when an organization basically steals from you,” Hamilton mentioned. “What occurred right here was that American Airways bought me a ticket, after which refused to let me use that ticket as a result of they didn’t know or perceive the phrases and situations of their very own contract.”
Hamilton mentioned it felt “necessary to face as much as” large corporations that really feel like they will get away with “issues like that.” She identified how, as an alternative of simply refunding her the flight, American Airways “selected to take this all through a trial, after hiring a non-public lawyer, and doing so should have price them within the tens of hundreds of {dollars}.”
Through the trial, two different passengers additionally testified that the flight attendant was “categorically false.”
American Airways filed a Movement for Abstract Judgement saying Hamilton “can not meet every of the substantive components of her claims,” in response to an excerpt revealed by TheStreet.
The airline additionally mentioned crew members can deny folks the proper to fly “for any motive,” which does not breach any contract.
Kathleen Wong is a journey reporter for USA TODAY based mostly in Hawaii. You may attain her at kwong@usatoday.com.
This text initially appeared on USA TODAY: Mother of twins wins lawsuit against American Airlines
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