British Airways passenger who was allegedly 'crushed' by obese traveler loses civil claim against airline
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A British Airways passenger who says he was “crushed” by an obese traveler seated beside him during a January 2016 flight has lost his claim against the airline.
Stephen Prosser first appeared in court earlier this month as part of a civil suit naming the carrier, claiming to have sustained injuries to his pelvis, as well as the nerves in his back, as a result of the uncomfortable flight, The Sun reported.
The 51-year-old civil engineer stated that he was “pinned against the side of the cabin” by the “obese” passenger, who he estimated to be at least 6 foot, 4 inches tall and weigh more than 300 pounds, per the BBC. He also said he was unable to work his normal schedule.
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Judge Andrew Barcello, however, said Thursday that he felt Prosser was exaggerating his claims, and suggested that he could have simply spoken up or taken action in order to rectify the situation.
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“I accept that the passenger in seat 37J was a large man, both in the sense that he was very tall, broad, and carried significant body weight. It is likely that there were occasions when, as a result of his size or his movements within his chair, that he did cause an inconvenience to Mr. Prosser,” Barcello said, per The Guardian.
“But I do not accept the suggestion that his size was such that Mr. Prosser was compelled to sit in an awkward way for the duration of the flight by virtue of him encroaching upon his seating area.”
The judge added that Prosser chose a seating assignment in a cabin that offered more limited room for seating, and should not have had “unrealistic” expectations about his comfort.
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Prosser was seeking 10,000 pounds (nearly $12,800) from British Airways, the BBC reported. He had also argued that he didn’t want to make the larger passenger feel self-conscious by raising concern during the Bangkok-London flight or “hassle” other passengers with his problems, according to The Guardian.
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Following Thursday’s verdict, a spokesperson for British Airways said the airline was pleased with the court’s decision.