Air steward sueing SIA after luggage fell on his neck

From ‘Air steward sues SIA’, claiming cabin bag fell and injured him’, 9 April 2014, article by Selina Lum, ST

A Singapore Airlines (SIA) air steward, who says he was injured when a bag fell from the overhead compartment, is suing the airline for around $500,000. But SIA has countered that 42-year-old K. Jotheeswaran Kaniyasan is lying and that the incident never happened. Instead, air stewardess Hezrin Hilmi, who Mr Jotheeswaran said saw the 2009 incident, has filed an affidavit stating that she did not.

SIA has also alleged that her signature on the cabin crew accident report which the steward submitted to the airline was forged.

In his lawsuit, which opened yesterday and is scheduled to run for 12 days, Mr Jotheeswaran said that on July 8, 2009 he was helping passengers as they boarded a plane at an airport in Chennai, India. That was when a bag fell from an overhead compartment and landed on the back of his neck.

Despite treatment for back pain, his condition did not improve. Five months later, he had spinal surgery. But even after this and physiotherapy, he said he still suffers from neck pain and numbness in his left arm. He said in his claim that he has developed a degenerative disease in his spine.

To my surprise, someone has been successful in a suit against SIA for deadly falling luggage before. In March 2004, the High Court awarded $600,000 in compensation to Dr Euan Murugasu after he was attacked by a falling suitcase, leaving him with headaches, double vision and costing him his job as an ENT surgeon. In 2007, traveller Mark David Ryan, vice president of DBS bank, claimed SPINAL CORD INJURY after getting hit on the head by a bag containing a DSLR camera, an accident which he believed was the cabin crew’s fault. It appears that issuing helmets could save the airlines more money than safety belts. Nobody’s going to sue NParks for negligence if a tree branch falls on their face.

Killer baggage aside, even the food that SIA serves could hurt you. A British passenger in 2000 once tried to sue the airlines for serving PINEAPPLE juice with shards of glass inside, each as big as ‘five carat diamonds‘. Turns out that Stephen Golding falsified a radiographer’s report, and SIA proceed to counter-sue him for fraud. In 1993, a NZ woman took legal action against SIA after she had hot COFFEE spilled on her (New Zealand woman takes SIA to court over coffee spill, 1 Nov 1993, ST). A year before that, a similar incident happened at a US McDonalds’ outlet, where an elderly lady was awarded 2.9 million after sustaining third degree burns from the piping hot beverage.

But what about cabin crew themselves seeking claims from their own employer over inflight injuries? In another heavy-luggage related 2011 incident, stewardess Li Na wasn’t satisfied with a $250,000 payout after she suffered a back injury, seeking further compensation from SIA when it was in fact a passenger who knocked into her while she was lifting luggage in the first place.  In 2007, steward S Manikam blamed SIA for failing to order the crew to cease breakfast service during turbulence, resulting in him falling against an armrest, eventually developing REFLEX SYMPATHETHIC DYSTROPHY. SIA countered that he should have known better. Sometimes even part of your uniform can physically maim you, as what happened to an ex-stewardess who in 2002 sued SIA for sandals that gave her ‘foot problems’ (Ex stewardess sues SIA over ‘problem sandals’, 23 Jan 2002, ST). Not only are those an eyesore to some travellers, but serve as ancient Chinese foot binders cum torture devices as well.

You’re liable to head-to-toe injury risk if you work on a SIA plane, and given the hazards on board, turbulence and passengers included, this hardly comes as a surprise. Falling luggage, however, presents a complex whoddunit. Is it SIA’s fault if passengers carry dumbells in their bags, overload the overhead compartments, or do not position their stuff properly? Should cabin crew be trained to detect when a bag compartment is beyond its tipping point and be drilled in Baggage Dodging? If you could pay half a million to a passenger when a bag falls on him out of no reason at all, shouldn’t your own staff be entitled the same?

Here’s a tip for any claim nonetheless, whether you’re hit by a trolley bag, scalded by coffee or tea or have your feet run over by a meal servicecart: Don’t just settle for ‘neck injury’ or ‘nerve damage’. Do your research. The longer and more convoluted-sounding your illness is, the scarier the prognosis, the better your chances of winning a suit.

A Singapore Airlines (SIA) air steward, who says he was injured when a bag fell from the overhead compartment, is suing the airline for around $500,000.

But SIA has countered that 42-year-old K. Jotheeswaran Kaniyasan is lying and that the incident never happened. Instead, air stewardess Hezrin Hilmi, who Mr Jotheeswaran said saw the 2009 incident, has filed an affidavit stating that she did not.

SIA has also alleged that her signature on the cabin crew accident report which the steward submitted to the airline was forged.

In his lawsuit, which opened yesterday and is scheduled to run for 12 days, Mr Jotheeswaran said that on July 8, 2009 he was helping passengers as they boarded a plane at an airport in Chennai, India.

That was when a bag fell from an overhead compartment and landed on the back of his neck.

Despite treatment for back pain, his condition did not improve.

Five months later, he had spinal surgery. But even after this and physiotherapy, he said he still suffers from neck pain and numbness in his left arm. He said in his claim that he has developed a degenerative disease in his spine.

– See more at: http://www.straitstimes.com/news/singapore/courts-crime/story/air-steward-sues-sia-claiming-cabin-bag-fell-and-injured-him-20140#sthash.U9wl1n29.dpuf

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2 Responses

  1. You don’t have workers’ compensation?

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