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Passenger Sues Southwest Airlines for Negligence After Wheelchair Incident

NORTHERN CALIFORNIA RECORD

Tuesday, November 26, 2024

Passenger Sues Southwest Airlines for Negligence After Wheelchair Incident

State Court
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A harrowing incident on a Southwest Airlines flight has led to a significant legal battle. On June 17, 2024, Robert Norton filed a complaint in the Superior Court of California, County of Santa Clara, against Southwest Airlines Co., alleging negligence and breach of duty as a common carrier.

According to the complaint, Norton was boarding Southwest Airlines Flight Number 4113 from Las Vegas to San Jose on March 9, 2024. Using a wheelchair for assistance, Norton was being pushed by a Southwest Airlines employee when the wheelchair flipped over on the Jet Bridge at Harry Reid International Airport. This accident caused Norton to fall out of the wheelchair and sustain serious injuries. The incident prompted immediate medical attention; Norton deplaned and was taken to Sunrise Hospital in Las Vegas.

The lawsuit claims that Southwest Airlines failed in its duty of care by negligently handling Norton's wheelchair, leading to his injuries. The complaint details that the airline's employee's actions directly resulted in Norton's physical harm, including head and knee injuries that required ongoing medical treatment. "Defendants had a duty to use ordinary care to prevent exposing Plaintiff and others to an unreasonable risk of harm," states the filing.

Norton is seeking general damages beyond the jurisdictional minimum of the court, economic losses, compensation for past and future medical expenses, loss of earnings and earning capacity, pre- and post-judgment interest on all damages as allowed by law, costs of suit incurred, and any other relief deemed just and proper by the court.

Representing Norton are attorneys Joseph W. Cotchett, Blair V. Kittle, and Vasti S. Montiel from Cotchett, Pitre & McCarthy LLP. The case has been assigned Case ID 24CV441329 with Judge A. Montes overseeing it.

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