Gardner v. United States

• Decision Date: 08 June 2018
• Docket Number: Case No. 1:14–cv–00125–JNP–DBP
• Citation: 316 F.Supp.3d 1308
• Parties: Ronald GARDNER, Plaintiff, v. UNITED STATES of America, Delta Air Lines, Inc., and Does 1–10, Defendants.
• Court: U.S. District Court — District of Utah

316 F.Supp.3d 1308

Ronald GARDNER, Plaintiff,

v.UNITED STATES of America, Delta Air Lines, Inc., and Does 1–10, Defendants.

Case No. 1:14–cv–00125–JNP–DBP

United States District Court, D. Utah.

Signed June 8, 2018

Charles W. Dahlquist, II, James T. Burton, Salt Lake City, UT, for Plaintiff.

Amanda A. Berndt, John K. Mangum, US Attorney's Office, Gainer M. Waldbillig, W|Law, Salt Lake City, UT, for Defendant.

MEMORANDUM DECISION AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT AND MOTION TO EXCLUDE AN EXPERT WITNESS

Jill N. Parrish, United States District Court Judge

Ronald Gardner sued Delta Airlines and the United States of America based upon his interactions with an air marshal. He asserted a number of claims, including intentional and negligent infliction of emotional distress, negligence, false imprisonment, and assault. Before the court are motions for summary judgment filed by Delta and the United States and a motion to exclude an expert witness filed by Gardner. The court GRANTS Delta's motion for summary judgment and GRANTS IN PART AND DENIES IN PART the United States' motion for summary judgment. The court DENIES without prejudice Gardner's motion to exclude an expert witness.

BACKGROUND¹

Gardner has macular degeneration

, which eliminates his central field of vision and renders him legally blind. In 2011, he had some peripheral vision, which he could use to perceive the shape of a face and determine when a person is facing him. He could also see the color of clothing a person was wearing and perceive an individual's "gross movements," like standing up, sitting down, or walking. Gardner is also hearing impaired and wears hearing aids. It is difficult for him to engage in conversation with someone behind him on an airline flight due to the ambient noise. On the date of the incident that is the basis of this lawsuit, Gardner was 59 years old.

On January 20, 2011, Gardner was seated in the first class section of a Delta flight from Washington, D.C. to Salt Lake City. Two undercover federal air marshals (FAM1 and FAM2) were also aboard the flight. FAM1 was seated directly behind Gardner. FAM2 was seated in the row behind FAM1 on the other side of the aisle. FAM1 is 6 foot 2 inches tall, weighs 235 pounds, and is an active weightlifter.

After take-off, Gardner began to slowly recline his seat. He felt a violent hit on the back of his seat that shoved it back into an upright position. Five to ten minutes later, Gardner began to recline his seat a second time. His seat was hit from behind even more violently, causing it to return to an upright position and causing Gardner to jolt forward in his seat. Gardner turned his head over his left shoulder and said, "Hey, fella, we each have a ticket on this flight." FAM1 responded in a "disgusted tone," but Gardner could only make out the word "computer" in his response.² A few minutes later, Gardner tried to recline his seat for a third time, but FAM1 again pushed the seat forward. Gardner's further attempts to recline the seat were futile because FAM1 was applying pressure to the back of the seat.

Gardner went to the galley at the front of the airplane where the head flight attendant was located. The flight attendant noticed that Gardner was "literally shaking," sweating, and taking shallow breaths. Gardner told the head flight attendant what had occurred and asked for assistance. The attendant responded that he would take care of it. The flight attendant then looked at a paper posted on the wall, which Gardner presumed to be either a flight manifest or a list of passengers in first class, and mentioned to Gardner that it was odd that the man seated behind him did not have a frequent flier number. Gardner entered the bathroom to allow himself some time to calm down and to give the flight attendant time to deal with the situation.

While Gardner was in the bathroom, the head flight attendant spoke with FAM1. FAM1 complained that if Gardner reclined his seat, he would not have enough room to use his laptop. Given FAM1's level of agitation during this discussion and the fact that he was armed, the flight attendant became instantly concerned for the welfare of Gardner and all of the other passengers on the flight. The flight attendant told FAM1 that he would ask Gardner to consider reclining his seat to a lesser degree, but that under no circumstances should FAM1 physically or verbally threaten Gardner. The Head flight attendant then returned to the galley at the front of the airplane.

After Gardner had waited in the bathroom for a couple of minutes, he returned to his seat. As he was sitting down, FAM1 stood up and angrily said, "I was just looking for a little compromise." Gardner responded, "Compromise is fine, bullying is not." FAM1 left his seat and went to the front of the airplane for one or two minutes and then returned.³ As FAM1 was sitting down, he grabbed Gardner's seatback and "jostl[ed] the heck out of it." Gardner began to worry that the man seated behind him had found his name on the list posted near the front of the airplane.

After the flight attendants served drinks, the head flight attendant came to Gardner's seat, crouched down, and said to Gardner, "It's okay. He's in a pile of shit. It's the federal air marshal." Gardner believed that the head flight attendant was attempting to reassure him by letting him know that FAM1 would be dealt with. But the revelation that the man seated behind him was a federal air marshal had the opposite effect. Gardner then knew that FAM1 was armed. He also worried that FAM1 would be able to discover his name, address, future flight plans, and whether his wife was flying with him or would be home alone. For the rest of the flight, Gardner was so nervous and upset that the woman seated next to him asked if he was alright.

Near the end of the flight, the head flight attendant approached Gardner and said, "You know, I have flown with you a lot, and I know how independent you are and that you don't need help getting off of the plane, but I want to help you off the plane tonight." Gardner said that he appreciated the offer and accepted it. The attendant said that he had to do some things after the airplane landed. He told Gardner to wait in his seat until he came to get him and that after the first class section was empty, he would escort Gardner off the airplane and through the airport.

When the airplane landed, Gardner waited in his seat for about ten minutes after he believed that everyone in first class had deplaned. At that point, he could no longer hear passengers in coach exiting the airplane and he decided to leave. Unbeknownst to Gardner, FAM1 had waited on the airplane as well. As Gardner stood up and retrieved his briefcase and cane, FAM1 also stood up and moved to the aisle. When Gardner turned towards the exit, he found himself face to face with FAM1, who was blocking the aisle. Gardner, in shock, yelled "What is he doing here?" Gardner heard the lead flight attendant respond from the front of the airplane, "Well, I guess he has as much right to get off the plane as anyone else." Gardner then asked whether the lead flight attendant was going to help him off the airplane. He responded that he had called someone from the airport to came and assist Gardner. Gardner than said to FAM1, "Excuse me, I've got to get my suitcase." FAM1 did not move or say anything in response. Gardner repeated his request to get by FAM1 multiple times, but for about three minutes FAM1 remained motionless and silent. At some point, a Delta airport employee arrived to assist Gardner. When FAM1 turned to look at the airport employee behind him, Gardner pushed passed FAM1. The airport employee retrieved Gardner's bag from the overhead bin and the two of them exited the airplane.

When they entered the airport, Gardner told the Delta airport employee that he wanted to hide to avoid any encounter with the man who was with him on the airplane. The airport employee led Gardner to a spot behind some type of divider or placard. Gardner then asked the airport employee to tell him when the captain walked by because he wanted to talk to him. When the Delta airport employee spotted the captain, the pair approached him. Gardner told the captain that he wanted to talk to him about what happened on the flight, and the captain responded that he had heard about it. At that point, Gardner realized that another man was standing next to the captain. Gardner asked the airport employee whether it was the man who was in first class, and he said yes. Gardner asked the captain to speak in private. The captained waived off FAM1, who moved a few feet away.

Gardner, the captain, and the Delta airport employee began to walk through the airport. In response to Gardner's questions of what he should do, the captain said that he should call customer care. When Gardner expressed dissatisfaction with this option, the captain responded at least twice by saying "Aw, I think you'll be all right." Gardner again noticed that a man was next to the captain, and the airport employee confirmed that it was FAM1. The captain then excused himself and left.

Gardner and the Delta airport employee began to make their way to the airport exit, and FAM1 followed a few feet behind them. In response to Gardner's inquiries, the airport employee continually updated Gardner on where FAM1 was walking and what he was doing. He told Gardner that FAM1 was following them and that he was looking over at them. Gardner believed that FAM1 was intentionally stalking him. When Gardner, the Delta airport employee, and FAM1 approached the security check area, Gardner intentionally allowed FAM1 to go past security first. Gardner and the airport employee then sprinted as fast as Gardner could to a different exit so that he could lose FAM1. Gardner exited the airport without further incident.

Gardner sued both Delta and the United States based upon this incident. In his complaint, Gardner alleged that his encounter with FAM1 caused him...