Groped Teen Sues American Airlines for $10 Million
A family of a teenager who was allegedly groped on an American Airlines flight has filed a $10 million lawsuit against the suspect, Chad Camp, and American Airlines. The lawsuit lists the ways Camp abused the unaccompanied teen and how the airline failed to protect the teen. American Airlines has been reviewing the lawsuit and cooperating with the FBI investigation.
The teen's family paid for her ticket and the extra fee for her being an unaccompanied minor. She even met the flight crew before the departure and spent time with the crew and employees. The teen was seated in a window seat in the middle of the plane, and Camp was seated directly next to her even though the plane was only half full.
The suit explains that Camp was seen having four drinks before the flight took off. Then after he took his seat in the plane, he proceeded to grope the teen for half an hour. Camp was finally moved after a flight attendant serving snacks saw what he was doing. The FBI was notified and Camp was arrested when the plane landed. He was charged with a federal count of abusive sexual contact.
The lawsuit says the the airline left the teen unsupervised for a prolonged amount of time and allowed for the abuse to occur; therefore, failing in its duty to monitor the unaccompanied teen. The suit continues that their reckless indifference to the teen shows disregard for the rights and safety for the girl. The family is demanding a trial by jury.
Comments from Allen:
I have several comments to this story.
First, do not be impressed by the $10 million figure stated in the complaint. Not going to happen. Airlines are among the most generous (at times) in settling accident cases which occur on planes, but people do not receive $10 million if the plane on which they are a passenger explodes into flames and causes them to die a horrible death. The amount was chosen to create headlines, and in this endeavor, it succeeded. Idaho law prohibits such filings. Plaintiffs are allowed to sue for economic damages suffered, and a dollar damage amount for these damages may be stated, and they may sue for non-economic damages for the jurisdictional amount of $10,000 for a district court case. You can recover more than $10,000 for non-economic ("pain and suffering") damages, but you cannot ask for a dollar amount in your complaint in excess of this, except to state "Plaintiff seeks to recover compensatory damages for pain and suffering in an amount to be proved at trial, but in excess of $10,000." This request for relief will not generate sensational headlines.
Second, it is significant that the bad actor here was not an employee or agent of the airline. Were that true, his actions would probably be attributed to the airline even though the airline would never approve of such conduct and would immediately fire anyone engaging in such.
Third, I find it very significant that the airline charged an additional fee for the victim being an "unaccompanied minor." The only justification for an airline to charge an additional fee would be the additional time and effort needed to ensure the child's safe passage from point takeoff to destination. In fact, the airline's website states just that: . “Our unaccompanied minor service is to ensure your child is boarded onto the aircraft, introduced to the flight attendant, chaperoned during connections and released to the appropriate person at their destination,” it says. That did not happen. In this instance, the child appeared to have been treated as any other passenger and was left unattended next to a drunk passenger of the opposite sex. By the grace of God, a passing stewardess noticed the crotch-grabbing and stopped it. That $150 fee will probably cost the airline hundreds of thousands of dollars. It will establish a contracted duty to chaperone the child, and the negligent failure of the airline to chaperone that child, and harm that occurred as a result.
Furthermore, the airline staff did not notice that Camp chose to sit right next to the young girl in the middle seat of the row, with the girl seated at the window, when the flight was only partially full. Normally, passengers desire more room and do not seek to crowd themselves next to others unless they have no choice. Normal passengers want space and legroom, not a seat that compels them to rub up against other unrelated children.
You may be wondering how Mr. Camp's drunken state will affect this case. It is no defense to the criminal action. In some occasions, a person's drunken state will affect his ability to form the intent to commit a crime, but this normally drunkenness is not a defense to molestation;
From my experience as a defense attorney, I can tell you that our jails and prisons are full of people who committed crimes while under the influence of drugs or alcohol. For that reason, Idaho has set up "drug courts" so that these people can be rehabilitated. I would say that most adults who commit felony crimes in Idaho have either done so under the influence of drugs or alcohol, or they have a substance abuse problem.
As to the civil case, Mr. Camp's drunken state may be used as yet one more "red flag" that the airline personnel failed to notice which should have moved them to separate Camp from his victim earlier.
Finally, Chad Camp's criminal case was still pending as of January 9, 2017, and at this time he is set to face a jury trial. The result of that trial will impact the civil case against Mr. Camp and the airline, as any conviction of wrongdoing by Mr. Camp, either by his plea to a crime or by his conviction by a court or jury, will establish most of the victim's case in the civil suit. Although a settlement in the civil suit is possible before that time, it is not likely. Most Plaintiffs would prefer to have the ammunition of a criminal conviction in their pocket before talking serious money with the airline's attorney and insurance company adjuster.
This appears to be a very strong case for the victim and her family, and I wish them all success.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.
Sources for more information:
http://www.cbsnews.com/news/allegedly-groped-teens-family-sues-american-airlines-for-10m/
http://koin.com/2016/06/20/man-accused-of-groping-girl-on-flight-appears-in-court/
http://www.oregonlive.com/portland/index.ssf/2016/07/10_million_lawsuit_filed_again.html
I have several comments to this story.
First, do not be impressed by the $10 million figure stated in the complaint. Not going to happen. Airlines are among the most generous (at times) in settling accident cases which occur on planes, but people do not receive $10 million if the plane on which they are a passenger explodes into flames and causes them to die a horrible death. The amount was chosen to create headlines, and in this endeavor, it succeeded. Idaho law prohibits such filings. Plaintiffs are allowed to sue for economic damages suffered, and a dollar damage amount for these damages may be stated, and they may sue for non-economic damages for the jurisdictional amount of $10,000 for a district court case. You can recover more than $10,000 for non-economic ("pain and suffering") damages, but you cannot ask for a dollar amount in your complaint in excess of this, except to state "Plaintiff seeks to recover compensatory damages for pain and suffering in an amount to be proved at trial, but in excess of $10,000." This request for relief will not generate sensational headlines.
Second, it is significant that the bad actor here was not an employee or agent of the airline. Were that true, his actions would probably be attributed to the airline even though the airline would never approve of such conduct and would immediately fire anyone engaging in such.
Third, I find it very significant that the airline charged an additional fee for the victim being an "unaccompanied minor." The only justification for an airline to charge an additional fee would be the additional time and effort needed to ensure the child's safe passage from point takeoff to destination. In fact, the airline's website states just that: . “Our unaccompanied minor service is to ensure your child is boarded onto the aircraft, introduced to the flight attendant, chaperoned during connections and released to the appropriate person at their destination,” it says. That did not happen. In this instance, the child appeared to have been treated as any other passenger and was left unattended next to a drunk passenger of the opposite sex. By the grace of God, a passing stewardess noticed the crotch-grabbing and stopped it. That $150 fee will probably cost the airline hundreds of thousands of dollars. It will establish a contracted duty to chaperone the child, and the negligent failure of the airline to chaperone that child, and harm that occurred as a result.
Furthermore, the airline staff did not notice that Camp chose to sit right next to the young girl in the middle seat of the row, with the girl seated at the window, when the flight was only partially full. Normally, passengers desire more room and do not seek to crowd themselves next to others unless they have no choice. Normal passengers want space and legroom, not a seat that compels them to rub up against other unrelated children.
You may be wondering how Mr. Camp's drunken state will affect this case. It is no defense to the criminal action. In some occasions, a person's drunken state will affect his ability to form the intent to commit a crime, but this normally drunkenness is not a defense to molestation;
From my experience as a defense attorney, I can tell you that our jails and prisons are full of people who committed crimes while under the influence of drugs or alcohol. For that reason, Idaho has set up "drug courts" so that these people can be rehabilitated. I would say that most adults who commit felony crimes in Idaho have either done so under the influence of drugs or alcohol, or they have a substance abuse problem.
As to the civil case, Mr. Camp's drunken state may be used as yet one more "red flag" that the airline personnel failed to notice which should have moved them to separate Camp from his victim earlier.
Finally, Chad Camp's criminal case was still pending as of January 9, 2017, and at this time he is set to face a jury trial. The result of that trial will impact the civil case against Mr. Camp and the airline, as any conviction of wrongdoing by Mr. Camp, either by his plea to a crime or by his conviction by a court or jury, will establish most of the victim's case in the civil suit. Although a settlement in the civil suit is possible before that time, it is not likely. Most Plaintiffs would prefer to have the ammunition of a criminal conviction in their pocket before talking serious money with the airline's attorney and insurance company adjuster.
This appears to be a very strong case for the victim and her family, and I wish them all success.
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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.
Also, check out browninglaw.net for more information about Allen and Browning Law.
Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.
Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.
Sources for more information:
http://www.cbsnews.com/news/allegedly-groped-teens-family-sues-american-airlines-for-10m/
http://koin.com/2016/06/20/man-accused-of-groping-girl-on-flight-appears-in-court/
http://www.oregonlive.com/portland/index.ssf/2016/07/10_million_lawsuit_filed_again.html
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