Ruta v. Delta Airlines, Inc.
| Decision Date | 02 June 2004 |
| Docket Number | No. 02 CIV.4707 CM GAY.,02 CIV.4707 CM GAY. |
| Citation | 322 F.Supp.2d 391 |
| Parties | Lisa RUTA, Plaintiff, v. DELTA AIRLINES, INC., Defendant. |
| Court | U.S. District Court — Southern District of New York |
Frank P. Allegretti, Rye, NY, for Plaintiff.
Brian P. Sexton, Quirk and Bakalor, P.C., New York, NY, for Defendant.
Plaintiff Lisa Ruta brings this diversity action seeking compensatory and punitive damages from Defendant Delta Airlines, Inc. (hereinafter "Delta") for her removal from a Delta flight. Plaintiff claims (1) breach of contract, (2) wrongful ejectment, (3) negligence, (4) intentional infliction of emotional distress, (5) negligent infliction of emotional distress, (6) violation of the Americans with Disabilities Act ("ADA"), and (7) defamation.
Defendant moves to dismiss all of Plaintiff's claims pursuant to Rule 12(b)(6), or in the alternative moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the following reasons, Defendant's motion is GRANTED in part and DENIED in part.
Many of the facts in this case are in dispute — although few of the material facts have been disputed with competent evidence. However, first I will set out Defendant's version of events, and then Plaintiff's version of events.
The background is simple: Sometime prior to June 23, 2001, Plaintiff purchased an airline ticket to fly on a Delta flight from Newark, NJ to Fort Myers, FL. [Defendant's 56.1 Statement ¶ 1]. On June 23, 2001, at approximately 1:00 p.m., Plaintiff arrived at Newark International Airport (hereinafter "Newark") with her travel companions — her husband Robert Rossi, her brother Vincent Ruta, and Vincent's girlfriend Melissa Maggiola. [Plaintiff's 56.1 Statement ¶ 8]. The flight was delayed for several hours due to weather conditions. [Defendant's 56.1 Statement ¶ 3]. Soon after Plaintiff boarded the plane, she was removed from the flight. Plaintiff traveled to Florida on a flight the next day at no additional cost. [Id. at ¶ 23].
During the flight delay, Plaintiff was perceived by passengers and Delta employees to be yelling loudly and generally behaving in a rude, disruptive, and inconsiderate manner. [Defendant's 56.1 Statement at ¶ 8]. She cut in front of other passengers who were waiting at the boarding gate information counter and interrupted Gate Agent Radley Osorio, who was assisting another passenger. [Id. at ¶ 5]. Osorio claims Plaintiff yelled at him and used "foul and shocking" language during their encounter. [Id. at ¶ 7]. In addition, Plaintiff was observed drinking alcoholic beverages in the airport bar prior to boarding the plane. [Id. at ¶ 4].
Once Plaintiff got on the plane, passengers and flight attendants heard her shouting "free booze!" They also claim she was being disruptive, out of control, and appeared intoxicated. [Id. at ¶¶ 9-13]. Osorio and passengers stated that Plaintiff smelled of alcohol. [Id. at ¶ 15]. Osorio further claims that Plaintiff kicked his leg as he walked down the aisle, "lifting his skin" and "leaving a red mark". [Id. at ¶ 14; Deposition of Radley Osorio, at p. 94:7-16]. Flight Attendant Joy Wilson testified that Osorio told her that "[Plaintiff] kicked me" and that "she needs to be taken off [the plane] because ... you're not allowed to physically hurt somebody that works for the airline." [Deposition of Joy Wilson, at p. 31:24-32:4] Other passengers confirm they saw or heard that Plaintiff kicked Osorio. [Def.'s 56.1 Statement at ¶ 17]. Defendant claims Plaintiff's behavior caused other passengers to feel uncomfortable and become concerned for their safety. [Id. at ¶ 18].
Lead Flight Attendant Jennifer Miles and Osorio reported to Captain Robert J. Coffey in the cockpit that Plaintiff was disruptive during boarding and was shouting "free booze!," that she kicked or attempted to kick a Delta employee, that her behavior was making other passengers uneasy, and that flight attendants felt uncomfortable taking off with her on the plane. [Id. at ¶ 19]. Captain Coffey then decided to remove Plaintiff from the flight, advised operations of his decision, and requested the presence of airport security. [Id. at ¶ 21]. Plaintiff was then removed from the flight.
Plaintiff sustained complete loss of hearing in her right ear in 1975, at the age of 15, as a result of a gunshot wound during an attempted assault and attempted rape. [Plaintiff's 56.1 Statement ¶ 1]. Subsequent to Plaintiff's injury to her ear, she underwent surgery wherein the surgeon took half of a live nerve in her tongue to graft into a severed nerve in her face. As a result, her tongue is partially paralyzed and she speaks with a slur. [Plaintiff's 56.1 Statement ¶ 3]. Furthermore, the volume of her speech is louder than that of persons who are not hearing impaired. [Id.].
Plaintiff's physician has prescribed daily dosages of blood pressure, anti-depressant, and pain killer medications. Drinking while on these medications is contraindicated. [Id. at ¶ 5]. As a general rule, Plaintiff does not drink alcohol. [Id. at ¶ 74].
On the day of the flight, Plaintiff and her travel companions were waiting at the gate from which the flight was scheduled to depart. At approximately 2:00 p.m., Delta employees made an announcement on the public address system, which Plaintiff was unable to hear due to her hearing loss. [Id. at ¶ 10]. She waited in line to speak with Gate Agent Osorio to inquire as to what was said in the announcement. [Id.] Osorio gave a very rude unprofessional response to Plaintiff, something to the effect of, "Who the hell do you think you are?" [Id. at ¶ 11]. Rossi (Plaintiff's husband) witnessed this encounter and informed Osorio of Plaintiff's hearing impairment and said there was no reason to talk to her in that manner. [Id.] Passenger Christopher Bioty also witnessed Osorio's behavior towards Plaintiff and claims it was uncalled for. [Id. at ¶ 12]. Another female Gate Agent witnessed Osorio's conduct, apologized to Plaintiff and her travel companions, and gave Maggiola four meal vouchers. [Id. at ¶ 16].
Rossi and Maggiola went to get some food while Plaintiff and her brother remained at the gate. [Id.] While Rossi and Maggiola waited for their food they went to a bar area near the restaurant, where Rossi drank a Bloody Mary. [Id. at ¶ 17]. They then returned to the gate with the food order, which included a soda for Plaintiff. [Id.] Plaintiff claims she had taken all of her prescription medications within 24 hours of the flight and did not consume any alcoholic beverages that day. [Id. at ¶ 18]. Plaintiff had no other contact with Osorio prior to boarding the plane and taking her seat. [Id. at ¶¶ 19-20].
While boarding the plane, Plaintiff handed her boarding pass to a female Gate Agent and said something like "Thank you at least someone is acting professionally." [Id. at ¶ 22]. This comment was relayed to or overheard by Osorio. [Id.] When Plaintiff had boarded the plane but had not yet taken her seat, she heard another passenger say something like, "For all of those hours we were delayed we should have free drinks." [Id. at ¶ 23]. Plaintiff laughingly and "unwittingly" loudly replied, "Yes, we should." [Id.] This exchange was confirmed by Passenger Bioty, who was seated in the row directly in front of Plaintiff. [Id. at ¶ 24]. Several passengers claim that Plaintiff was not disruptive or uncooperative and did not appear to be a threat to anyone's safety. [Id. at ¶¶ 25-27].
Osorio boarded the plane and spoke with Flight Attendant Miles. [Id. at ¶ 30]. Miles asked if he had had any problems in the gate area, to which he replied in the affirmative. [Id.] Miles then told Osorio that Flight Attendant Wilson was uncomfortable with Plaintiff because she was loud. [Id.] Osorio said, "She's coming off." [Id.] He then approached Plaintiff, told her that she was "intoxicated," and ordered her off the plane. [Id. at ¶¶ 27-28].
As Osorio was making his way towards Plaintiff, he stumbled before he had even reached her row. [Id. at ¶ 35]. One passenger confirms that Plaintiff did not hit or kick any Delta personnel. [Id. at ¶ 28]. Plaintiff laughed out loud at this incident. [Id. at ¶ 35].
Miles' incident report states that Osorio ordered Plaintiff off the plane, but does not mention that Osorio consulted Captain Coffey. [Id. at ¶ 31].
Rossi repeatedly demanded that Delta and the Port Authority police give Plaintiff a breathalyzer or some other sobriety test, which Delta refused to do. [Id. at ¶ 39].
Plaintiff left the plane after having been told by airport security that her failure to do so would result in her arrest. [Id. at ¶¶ 46-47].
Immediately after the incident, Plaintiff's blood pressure skyrocketed and she began to bleed through her nostrils and ear for a few hours. [Id. at ¶ 47]. Within a week of returning from Florida, Plaintiff saw her physician, who had to double her blood pressure medication dosage. [Id. at ¶ 49].
Defendant moves to dismiss all claims, or in the alternative, for summary judgment on the grounds that the decision to remove Plaintiff from the aircraft was not arbitrary and capricious, and therefore Plaintiff cannot recover for any of the claims alleged in her complaint.
A party is entitled to summary judgment when there is no "genuine issue as to any material fact" and the undisputed facts warrant judgment for the party as a matter of law. Fed.R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Only factual disputes that might affect the outcome of the suit will preclude summary judgment. Anderson, 477 U.S. at 248, 106 S.Ct. 2505. In considering a motion for summary judgment, the evidence must be viewed in the light most favorable to the nonmoving party. Matsushita Elec. Indus. Co....
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