3500$ for a foot fractured in a plane

Benoît Philie

Saturday, December 9, 2017 23:07

UPDATE
Saturday, December 9, 2017 23:07

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Air Canada is ordered to pay 3500 $ for a passenger whose foot was fractured by a service cart in full flight down to Florida, spoiling his vacation.

Marcel Desjardins, who was then 76 years old, and was headed to West Palm Beach in the company of his wife on January 5, 2015 to spend the winter in the sun.

His holidays, however, have gone wrong before you even set foot in Florida.

The plane began its descent towards the landing runway when a stewardess passed in the aisle with a cart, pushing the left foot of Mr. Desjardins against the seat in front. The man said he immediately felt ” intense pain “, said in the judgment.

The stewardess was quick to apologize and the man would have said : “I will not die of it. “

A few moments later, however, Mr. Desjardins has found that the pain has intensified.

“The next day, he [was] unable to walk or to rely on his left foot on the ground “, added in the court document.

On 13 January, an american doctor has confirmed the presence of a fracture to the foot. The seventy-year-old has had to undergo a surgery the next day.

Ruined holiday

Mr. Desjardins ensures that his Florida vacation was completely ruined. For several weeks, it moved only in a wheelchair and was ” unable to play golf, to swim, as he did regularly in the past.”

It also ensures that have been suffering from pain almost constant, and insomnia partial.

The victim, however, was back on its feet as soon as April 2015, said.

In September 2015, Mr. Desjardins would have sent a notice to Air Canada and claimed the amount of 28 500 $.

The air carrier has attempted to settle the case out of court by offering $ 3000 to the victim. However, it has refused and has appealed to the courts.

Responsibility

Air Canada has attempted to demonstrate that the incident had not occurred on board of one of its devices.

Judge Robert Cliche, the Court of Québec, for its part, has been convinced by the evidence of the claimant.

He believes that Air Canada should be held liable for the incident, in accordance with the Montreal Convention, which governs the international transportation of persons.

“It is the duty of every officer aboard to ensure that any part of the body of a person seated along the aisle of movement […] cannot be bumped or hit when this agent is circulated with a service cart,” said the magistrate.

Mr. Desjardins called for $ 27,000, for the cost of renting a condo for three and a half months, the increase in his insurance premium as well as for ” pain, suffering, inconvenience, loss of holiday and leisure “.

The judge, however, decided to pay 3500 $ at the victim, stating that there was insufficient evidence to grant him more money.