Tripolone v. United Air Lines, Inc.
| Decision Date | 19 February 2020 |
| Docket Number | 5:18-cv-00272 (BKS/ML) |
| Parties | BONNIE TRIPOLONE, Plaintiff, v. UNITED AIR LINES, INC., a Delaware Corporation d/b/a UNITED EXPRESS, COMMUTAIR, INC. d/b/a UNITED EXPRESS, a Vermont corporation, AMERICAN AIRLINES, INC. d/b/a American Eagle, a Delaware corporation, Defendants. |
| Court | U.S. District Court — Northern District of New York |
Appearances:
For Plaintiff:
James R. Brauchle
Motley Rice LLC
28 Bridgeside Blvd.
Mt. Pleasant, SC 29464
For Defendant United Airlines, Inc.:
Oliver Beiersdorf
Reed Smith LLP
599 Lexington Avenue, 22nd Floor
New York, NY 10022
For Defendant CommutAir, Inc.:
Marguerite D. Peck
Downing & Peck, P.C.
17 Battery Place, Suite 324
New York, NY 10004
For Defendant American Airlines, Inc.:
David S. Rutherford
Rutherford & Christie, LLP
New York, NY 10022 Hon. Brenda K. Sannes, United States District Judge:
MEMORANDUM-DECISION AND ORDERPlaintiff Bonnie Tripolone brings this diversity action against Defendants United Airlines, Inc. ("United"), CommutAir Inc. ("CommutAir"), and American Airlines, Inc., ("American").1 (Dkt. No. 1). Plaintiff alleges: (1) negligence per se (First Claim), (2) negligent misrepresentation (Second Claim), (3) breach of duty (Third Claim), (4) negligence (Fourth Claim), (5) intentional infliction of emotional distress (Fifth Claim), and (6) negligent infliction of emotional distress (Sixth Claim).2 (Id.). Presently before the Court are Defendants' motions for summary judgment under Rule 56 of the Federal Rules of Civil Procedure. (Dkt. Nos. 56, 61, 64). Plaintiff opposes the motions. (Dkt. No. 71). For the reasons that follow, Defendants' motions for summary judgment are granted.
Plaintiff Bonnie Tripolone is a 73-year-old resident of Mattydale, New York who suffers from macular degeneration and is legally blind. (Dkt. No. 57-3, at 7, 20). Plaintiff does not have direct vision—when looking directly at an object, she cannot see it. (Id. at 22). However, when using her peripheral vision, she can see, though "things are not as clear." (Id. at 22, 86). She isunable to read. (Id. at 22). She uses her peripheral vision to navigate her everyday life. (Id. at 86-87).
American is a Delaware corporation with its principal place of business in Texas. (Dkt. No. 57-2, at 2). CommutAir is a Delaware corporation with its principal place of business in Ohio.4 (Dkt. No. 76-1, ¶¶ 3, 6). United is a Delaware corporation with its principal place of business in Illinois. (Dkt. No. 28, ¶ 2). On January 7, 2016, the Department of Transportation issued a consent order directing "United to cease and desist from future violations" of "14 CFR Part 382" and "the Air Carrier Access Act (ACAA)," which require airlines to "provid[e] passengers with a disability with enplaning and deplaning assistance, including connecting assistance and assistance in moving within the terminal." (Dkt. No. 71-6, at 2).
In February 2017, Plaintiff flew from Syracuse, New York to Fayetteville, North Carolina to visit her daughter. (Dkt. No. 57-3, at 8, 23). Plaintiff's daughter reserved the flights, and she arranged for Plaintiff to have wheelchair assistance due to her visual impairment. (Id. at 30). Plaintiff had taken a direct flight alone to visit her daughter on a previous occasion. (Id. at 94-95). However, this was the first time she had to navigate a connection while flying alone. (Id. at 95). Plaintiff did not have a problem on her flights down to North Carolina. (Id. at 24).
On March 3, 2017, Plaintiff was booked on a United flight from Fayetteville to Syracuse with a connection through Washington Dulles International Airport ("Dulles") in Virginia. (Dkt. No. 57-4, at 1-2). When Plaintiff arrived at the Fayetteville airport, she was given a wheelchair, and her daughter pushed the wheelchair to her departing gate. (Dkt. No. 57-3, at 49).
Plaintiff's flight from Fayetteville to Dulles was operated by CommutAir. (Dkt. No. 64-2, ¶ 9). The flight leaving Fayetteville was delayed because "it was overweight." (Dkt. No. 57-3, at 52). When the plane arrived at Dulles, Plaintiff had to wait for her wheelchair to arrive. (Id. at 61-62). She was then brought to a holding area in order to be transported to her next gate, but the driver was not there. (Id. at 66). Due to these delays, Plaintiff missed her connecting flight. (Id. at 68).
Plaintiff was wheeled to the United ticket counter, where she was told that she would have to take an American flight out of Ronald Reagan Washington National Airport ("Reagan"). (Id. at 68-69). Plaintiff was given "a bunch of brochures or vouchers" but she could not "read any of them." (Id. at 70). She was told she would "go in a van" to Reagan but was not told how to find the van. (Id. at 71). She "didn't have a lot of money with [her]," and "was worried about having to pay [her] way [to Reagan]." (Id. at 70). The wheelchair attendant wheeled Plaintiff to a bench inside the terminal, told Plaintiff she would "be more comfortable on the bench," and then left with the wheelchair. (Id. at 72-73).
Plaintiff waited on the bench for "at least an hour." (Id. at 74). She "started getting really upset" and a man waiting nearby asked "if there was anything he could do to help [her]." (Id. at 75). She told him that she did not "understand what any of [the paperwork] sa[id]" and she was "supposed to be in a wheelchair." (Id.). The man went to get an airline worker, and then went toget her a wheelchair. (Id. at 75-76). A worker came to speak with Plaintiff, but she could not understand what they were saying because they spoke with an accent. (Id. at 76). Plaintiff was then left by herself in a wheelchair. (Id. at 77). After a period of time, a man—who turned out to be the van driver—approached her from behind and asked if she was waiting for a van. (Id. at 78-79). She said yes, and he wheeled her outside to the van. (Id. at 79-80). It was a gray van and Plaintiff could not tell whether it was an airport courtesy van. (Id. at 80). There was "another man inside, he was on a cell phone speaking in a foreign language." (Id. at 81). During the drive, Plaintiff attempted to ask the driver questions but he "wouldn't answer [her]." (Id. at 82). They drove "for a long time," "going off and on highways." (Id. at 81-82). When the other passenger got off the phone, Plaintiff asked him if he knew where they were, and he said "in Virginia." (Id. at 83). This alarmed Plaintiff because she believed Reagan was in Washington, D.C. (Id.). she "started to think [she was] going to end up on the side of the road." (Id.). The van dropped the other passenger off "in a house" or "apartment complex." (Id.). During the ride, Plaintiff was "terrified." (Id. at 84).
When they arrived at Reagan, the driver "asked [her] if [she] could walk," and she replied that she "can walk but [she] can't see." (Id. at 85). He then left her "standing there on the curb" with no wheelchair. (Id.). Plaintiff then walked over to the outside "baggage booth" and "asked them if they could her [her]." (Id. at 88-89). The worker there replied that if she did not have luggage to check, she could not help her. (Id. at 89).
Plaintiff then noticed wheelchairs nearby, and she went and sat in one in the hopes of getting help. (Id. at 90). A worker came over and looked at her ticket and told her he could not take her to her gate, because it was "too far" unless she would "give [him] a great big tip." (Id.).She asked him to bring her inside, which he did, and then he "told [her] to get out of [his] wheelchair." (Id. at 91).
She sat on a bench, near a ticket counter. (Id.). She began to panic, and started yelling out, "can somebody help me, I need help here." (Id.). A worker approached her and got her a wheelchair. (Id.). She brought Plaintiff to an American desk. (Id. at 99). They told her that it would be a couple hours until her flight departed and that "they would come over and get [her] when they needed [her]." (Id. at 99). Plaintiff needed to go to the bathroom, and had not eaten, but did not "know what to do." (Id.).
After a period of time, she was placed on a bus in order to reach her flight. (Id. at 99-100). She was wheeled onto the runway, and a worker "asked if [she] could walk," and she replied that "[she] can walk, [she] just can't see." (Id. at 101). The worker then helped her off the bus, pointed to the airplane, and said "the plane's right there" and left. (Id.). She was about 70 feet from the plane. (Id. at 103-04). Since it was dusk, Plaintiff had trouble seeing where to go and took out her cane. (Id. at 104). After a couple of minutes, a person "saw [her] struggling" and came over to help her. (Id.). Once she boarded the plane, a flight attendant helped her to her seat. (Id. at 105).
Due to high winds, the flight had to land in Scranton, Pennsylvania. (Id. at 106). The plane eventually landed in Syracuse. (Id. at 107). Plaintiff received wheelchair assistance and was brought to her husband. (Id.). He noticed she looked a little "distraught" and "disoriented." (Dkt. No. 71-5, at 7). Later that night, Plaintiff was "in tears" and "in bad shape." (Id.).
Plaintiff was not physically injured. (Dkt. No. 57-3 at 157). As of the date of her deposition, on May 8, 2019, she had not seen a psychiatrist or psychologist in relation to thisincident because she was "going to try to deal with it on [her] own." (Dkt., No. 61-4, at 43). She had an appointment to see one. (Id.; Dkt. No. 71-5, at 8-9). On August 19, 2019, Plaintiff submitted an affidavit from her husband stating that she is currently under the care of a psychologist, "who has diagnosed her with Post Traumatic Stress Disorder." (Dkt. No. 71-9, ¶ 3). Plaintiff is now "afraid to go places by [herself]." (Dkt. No. 57-3, at 111). She is also ...
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