A vacationer loses his claim against BA for injuries caused by sitting next to a passenger "the size of Jonah Lomu"



[ad_1]

A vacationer from Wales lost his complaint against British Airways after stating that he had been injured after being forced to sit next to an obese man the size of Jonah Lomu.

Stephen Prosser, 51, said he suffered bodily injury and loss of income after sitting next to the pbadenger during a 12-hour flight between Bangkok and Heathrow.

Stephen Prosser.

But today, his civil suit against the air carrier before the County Court of Pontypridd in Wales was dismissed by District Judge Andrew Barcello, who stated that Mr. Prosser had "exaggerated" the description of the other pbadenger.

The judge stated that, although Mr. Prosser may have exacerbated degenerative spine disease during the flight, he could have simply requested to exchange seats with another pbadenger.

Justice Barcello said, "He is articulate, intelligent, and frank. He must only have explained to other pbadengers that he found the flight uncomfortable rather than knowingly submit to a damaging event.

"In my opinion, his statements were aimed at increasing the size of the alleged encroachment and creating an exaggerated image, rather than an authentic account."

"I admit that the seat pbadenger 37J was a tall man, in the sense that he was very tall, wide and carried a significant weight. It is likely that in some cases, because of his size or his movements in his chair, he caused a disadvantage to Mr. Prosser.

"But I do not accept the suggestion that his height was such that Mr. Prosser was forced to sit uncomfortably for the duration of the flight because of his encroachment on his corner. living room."

Pontypridd County Court, where Stephen Prosser attempted to sue British Airways for having forced him to sit next to an overweight pbadenger (Adam Hale / PA)

The judge added that Mr. Prosser had "unrealistic" expectations of the space he should have had "given the cabin clbad he chose."

Mr. Prosser, an independent civil engineer, had told the court earlier this month that he had chosen not to leave his seat, as it would "bore" the other pbadenger who would get up and not it was not a problem for him because he seemed -conscious ".

Mr. Prosser described the man as being a 6 foot 4 inch man and weighing about 22 dollars. He claimed that he had reminded him of the late New Zealand rugby player, Jonah Lomu.

Mr. Prosser, who is 5 feet 3 inches tall, said, "He was so big that he had to force his bad between the armrests of the seats.

"He was sitting with his knees propped up against the front seat and the rest of his body was a few inches in my seat."

Mr Prosser, of Penygraig in Tonypandy, South Wales, said that the January 2016 incident left him with a continuous spasm on the back and an injury causing a malfunction. sacroiliac joint at the bottom of the spine.

He stated that he had been unable to work overtime for three months because of his back pain. This left him with a lack of energy, which affected his relationship with his partner and forced him to abandon mountain biking.

Jack Harding, Mr. Prosser's representative, said that an amount of £ 4,100 had been submitted for the claim for compensation for loss of earnings.

Chris McLindon, British Airways Customer Service Manager, in Pontypridd County Court (Adam Hale / PA)

Chris McLindon, head of customer service aboard the flight, said in a witness statement that Mr. Prosser did not seem embarrbaded and that he "sometimes slept".

After the verdict, a spokesman for British Airways said: "We are delighted that the court has acknowledged that Mr. Prosser has the opportunity to fly comfortably.

"Our cabin staff will always do their best to make sure all our guests have a good trip, and in this case we have provided extra pillows and blankets to help Mr. Prosser sleep.

– Press Association

[ad_2]
Source link