Since the COVID-19 Pandemic, cases can be resolved with the parties, judges, witnesses, and counsel all in different places. Recently, Doug Landau was successful in settling a senior flight attendant injury case filed in the Loudoun County Circuit Court.
The injured flight attendant alleged in his lawsuit papers:
- – The injured traveler was traveling on a Mobile Lounge (AKA “People Mover”) when it suddenly came to a stop without reason or warning.
- – The vehicle that the Plaintiff was traveling on to get to the terminal was being operated by an MWAA employee
- – The driver suddenly slammed on his brakes causing passengers in the Mobile Lounge to fall over.
- – Witnesses stated that there were no reasons that would explain the sudden stop (such as ground vehicles, tugs, A/C pushing back, or animals). In addition, it was also a clear and sunny day, not interfering with visibility.
- – The injured traveler was not contributorily negligent because he was properly riding on the Mobile Lounge at the time of the incident.
- – Defendant MWAA is liable for the negligence of its employees by the doctrine of Respondeat Superior.
Defendants breached this duty by improperly managing, training, and supervising employees and agents working on (or on their behalf), thus causing the injured traveler to fall after the Mobile Lounge stopped abruptly, without warning, and for no reason. As the flight attendant was hlding the overhead bar, he tore his shoulder and needed surgery, which caused him to be out of work for a long time. He was also unable to drive and has permanent restrictions from his treating orthopedic surgeon.
Landau was successful in mediating this negligence case for an airline flight attendant with a large “IOU” on the outcome because of their New Jersey Worker’s Compensation claim.
Over $600,000 in medical bills, wage loss benefits, and other benefits had been paid on the New Jersey Worker’s Compensation claim. Hence, the employer, insurance company, and their third-party administrator were looking to get a lot of money back. Lawyer Landau was able to get the negligence case settled after a lengthy delay (due to COVID restrictions) and a subsequent surgery on his client. Landau was also able to compromise this workers comp “IOU” due to the help of the retired Virginia Circuit Court Judge who was retained, by agreement of the parties, to be the Mediator.
So where was everybody participating in the Mediation? The Mediator was on screen from her Virginia home; the insurance defense counsel was in their Washington D.C. office; the lawyers for the Worker’s Compensation subrogation (third-party administrators) were in Chicago; and the ABRAMS LANDAU Team, the client and his wife, were all together in Workers Comp/referring counsel’s New Jersey office.
As part of the settlement of this lawsuit against the negligent vehicle operator at a major international airport, Doug Landau, his client, and the New Jersey Workers Compensation Counsel agreed to pay back the Worker’s Compensation insurance company IOU less than 30 cents on the dollar! Additionally, the defense counsel on the lawsuit agreed to pay for half of the cost of the mediation (nearly $6,000) with the retired Virginia Judge. Lawyer Landau was also able to get the WC Subrogation defense counsel to pay $3000 in costs. In effect, the mediation was free of charge to Landau’s happy Garden State client.
As this client flies on a major airline on international routes (because of his seniority), Landau hopes to be on an aircraft with this client some day, and maybe even get an extra serving of biscuits!
If you or someone you know, has been injured on board an international or domestic flight, or harmed at the airport terminal or while on the Air Operations Area, and there are questions about legal requirements, please contact us at (703) 796–9055 or email firstname.lastname@example.org.