Disabled Vet Sues Airline Over Travel Injuries

A disabled U.S. military veteran is suing United Airlines and Air Serv Corporation for injuries sustained when he was mistreated by airline personnel.

Former Marine Corps Sergeant Joseph Smith is a disabled veteran who suffers from paralysis and traumatic brain injury. But, Sgt. Smith doesn’t let his disability slow him down. Two years ago, on November 19, 2010, Sgt. Smith was headed from his home in Charlotte, North Carolina to Colorado Springs, Colorado to train with the Paralympic shooting team, and he had a layover at Chicago O’Hare International Airport.

Because Sgt. Smith uses a wheel chair, he needed help during the layover. An Air Serv employee was called to help push the wheelchair off the plane. The 42-year-old veteran warned the employee about the gap between the plane and the ramp, but the employee continued to push the wheelchair over the gap. A wheel got stuck in the gap, and Sgt. Smith fell out of his wheelchair. Because of his paralysis and delayed reflrexes caused by TBI, Sgt. Smith was unable to stop the fall. He hit his head on the floor. He was helped back into his chair, but no one checked if he was okay, or offered medical assistance. Sgt. Smith was left with a severe headache and dizziness from his fall.

But, that’s not the whole story. While Sgt. Smith was boarding his connecting flight, he asked the Air Serv employees and United flight attendants for a special aisle chair to transport him down the plane aisle as his wheelchair was too wide. He was not given the chair and Smith had to use his arms to drag himself down the aisle. His catheter bag ripped, leaving the veteran covered in urine. The attendants ignored him.

Two Marines saw Smith on the floor and helped him to his seat, but he spent the flight covered in urine and suffering the effects of his fall.

The headache continued to increase in severity. Alter landing in Colorado, Sgt. Smith was hospitalized for two days. He had a severe concussion and doctors were worried about internal bleeding and nerve damage. He was left with $30,000 in medical expenses.

On his return flight, Smith refused to sign a document and was treated rudely by United and Air Serv personnel.

Sgt. Smith is suing United and Air Serv, claiming that his airline injuries were caused by negligence on behalf of the airline and Air Serv. Smith was offered a settlement of $20,000, but that is not enough to cover his medical bills. He is seeking $300,000 in damages, which will pay his medical costs and legal fees. The rest will be donated to military-related charities.