Etihad vows to fight case brought by man seated next to obese passenger

http://www.theguardian.com/world/2015/jul/31/etihad-vows-to-fight-case-brought-by-man-seated-next-to-obese-passenger

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Etihad Airways has vowed to keep fighting court action brought by a man who is suing the airline for health problems he says he developed after sitting next to a sick, obese passenger.

Brisbane man James Andres Bassos, 38, has claimed his 2011 flight from Abu Dhabi to Sydney caused a back injury after he was forced to twist and contort his body to avoid contact with his neighbouring passenger.

Bassos said the man’s body encroached into his seat and the man frequently coughed and expelled fluid from his mouth.

Related: Man sues Etihad over back injury from sitting next to obese passenger

Bassos was offered limited access to a crew seat.

He is seeking more than $227,000 for medical expenses and lost earnings and superannuation in a lawsuit in the district court in Queensland.

“Etihad Airways will continue to oppose the action and now that Mr Bassos will finally face a medical assessment in December 2015, as directed by court, we believe that the matter will proceed to an early conclusion,” an Etihad Airways spokeswoman said on Friday.

“The safety and comfort of Etihad Airways passengers and crew is of paramount importance and the airline has a zero tolerance policy towards unruly behaviour.”

Etihad’s lawyers last week appeared in court in Brisbane attempting to have the case thrown out. But district court judge Fleur Kingham refused to strike out the claim and ordered Bassos to undergo the medical assessment.

In published reasons, Kingham said she was not convinced Bassos had no chance of winning.