‘Squashed passenger’ court case dismissed

Monday, 30 Nov, 2018 0

A businessman who brought a £10,000 court case against British Airways, claiming he was ‘squashed’ next to an obese passenger, has had his case dismissed.

Judge Andrew Barcello said 51-year-old Stephen Prosser had created an ‘exaggerated picture’ of the incident, which happened in January 2016, on a Bangkok-London flight.

Prosser said he suffered a pelvic injury and nerve damage in his neck on the 13-hour journey and claimed damages for loss of earnings.

He said the 23-stone passenger he was seated next to was ‘so large’ that his body fat ‘spilled’ into his seat by several inches.

As the flight was full, crew were unable to move him to a different seat, but gave him extra pillows and blankets to support his neck.

However, he had argued he was ‘forced to adjust his body and sit in an awkward and uncomfortable position’ for the whole flight.

District judge Barcello ruled there had been ‘no physical encroachment’ from the passenger and said Prosser ‘may well have been of the impression that his space was being encroached upon’ but he found that it was not.

BA had not commented ahead of the court ruling, but issued a statement yesterday saying: "We are pleased that the court agreed that Mr Prosser had room to fly comfortably."



 

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Lisa

Lisa joined Travel Weekly nearly 25 years ago as technology reporter and then sailed around the world for a couple of years as cruise correspondent, before becoming deputy editor. Now freelance, Lisa writes for various print and web publications, edits Corporate Traveller’s client magazine, Gateway, and works on the acclaimed Remembering Wildlife series of photography books, which raise awareness of nature’s most at-risk species and helps to fund their protection.



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