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Article #2145$301 MILLION CLASS ACTION LAUNCHED AGAINST NORTHWEST AIRLINES FOR SECOND-HAND SMOKE ON INTERNATIONAL FLIGHTS
From: Zeljko "Zed" Zidaric
Date: Wed, 08 Jan 1997 00:00
Date: Wed, 08 Jan 1997 00:00
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$301 MILLION CLASS ACTION LAUNCHED AGAINST NORTHWEST AIRLINES FOR
SECOND-HAND SMOKE ON INTERNATIONAL FLIGHTS
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PRESS RELEASE
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Contact For Media: Doug Barnett (416) 253-0888
Barrister & Solicitor
2 Billingham Road (head office)
Etobicoke, Ontario, M9B 6E1
fax: (416) 232-0232
Toronto, Ontario, September 26, 1996
FOR IMMEDIATE RELEASE
PRESS_RELEASE
$301 MILLION CLASS ACTION LAUNCHED
AGAINST NORTHWEST AIRLINES FOR
SECOND-HAND SMOKE ON INTERNATIONAL FLIGHTS
Everyone knows that second-hand cigarette smoke is deadly. After
all, that is why Toronto City council recently announced a scheduled
ban on smoking in bars.
But people can still be exposed to second-hand tobacco smoke even
where they think they are safe. The best example is on
international flights, where passengers are still allowed to smoke in
the smoking section.
The representative plaintiff in the $301 million class action
filed today, Linda Torres, recently took a Northwest Airlines
flight to Asia, and found that she was suffering from headaches and
breathing difficulties, and her asthma and allergies were
triggered, while on the plane. Linda was gasping for air, and
felt like she wanted to jump out of the plane. "I felt like I was in
a big aluminium prison 35,000 feet in the sky !" And the
problems persisted during most of Linda's ruined vacation.
In 1988, Northwest Airlines banned smoking on all U.S. flights
because their crews were getting sick. But they have still allowed
smoking on international flights in certain designated sections
of their airplanes. A ventilation system is supposed to remove the
smoke from the smoking section so that it does not permeate to the
non-smoking section. However, a National Academy of Science study
has concluded that the theory of smoke separation in aircraft is a
fiction -- the so-called "separation fiction".
Even if the "separation fiction" weren't fiction, in order to save
money (and thereby increase profits), Northwest airlines has used a
ventilation system on its international flights that does not
adequately remove the smoke form the smoking section, and much of the
smoke is re-circulated back to the non-smoking section. The newer
jets saved as much as $60,000 in fuel costs annually per jet by
recirculating the air. Mrs. Torres had been assured by the
Northwest ground crew that she would be in a totally non-smoking
section, after she made a point of telling them about her condition.
Even Northwest's own Vice-President admitted back in 1988 that
the"separation fiction" caused harm to it crew. Talk about a
smoking gun ! And KLM, an airline company that owns a large share
interest in Northwest, admitted in a press release in 1995 that
smoking complaints were up 71 % from 1991.
Furthermore, by recirculating the air, bacteria, viruses, and
other microbes and germs are also exposed to passengers. According
to Dr. Stanley D. Abrams, M.D. of Texas, tuberculosis has been spread
on a flight of which he has knowledge.
The class action claims $150 million in compensatory damages, $150 in
punitive damages for Northwest's deliberate, callous and detrimental
conduct which needs to be deterred because of the health threat,
and $1 million in funding of research into second-hand smoke. The
plaintiffs in the class suffered in a variety of ways. The damage
is long term (both lowered life expectancy and/or damage to
enjoyment of life) -- contribution to lung cancer, emphysema,
bronchitis, asthma, high blood pressure -- as well as short-term --
causing, or contributing to the symptoms of, colds, headaches,
breathing difficulties, irritation to eyes, the throats and mucous
membranes. In addition, cases have held that damages are
appropriate where the holiday or flight experience has been ruined.
The Statement of Claim that was filed today alleges that by allowing
recirculated air to carry smoke to non-smoking passengers,
Northwest (a) breached its ticket contract to provide a non-smoking
flight, (b) was negligent in allowing smoke to reach non-smokers,
(c) was negligent in not warning non-smokers that smoke would reach
them, and (d) was guilty of misleading advertising in advertising
non-smoking flight arrangements.
The plaintiff's lawyer, Doug Barnett, says the main issue in this
case is very simple: "Airline profits cannot be put ahead of
passengers' health. The taxpayer also has an interest in all of
this, because we subsidize the health care system. This kind of
conduct must not only be compensated for, but must be deterred in the
future".
It is interesting to note that a class action on behalf of flight
attendants exposed to second-hand smoke was recently certified in
Florida. It is also interesting that Northwest settled a $1
Billion price fixing case in the U.S. in a few cases.
Lawyer Barnett came to the conclusion that the only truly effective
way to handle all of the many claims was a class action. "In many
cases, it simply isn't practical to have separate lawsuits when
each individual's claim may only be $1,000. Our justice system
is normally too expensive for individual claimants. But with
several thousand victims, the only way they will receive the justice
and compensation they deserve is through a class action."
Barnett is also the plaintiff lawyer on such other high-profile
class action cases as the leaded miniblinds case, the DeVry students
case, the Kirby door-to-door vacuum cleaner case, the
Prudential-Mutual vanishing premium life insurance case, and the
Toby's Restaurant shortening case, and his firm is working on many
other cases as well.
An information hotline has been established for passengers who
feel that their health may have been detrimentally affected while on
international flights using Northwest Airlines in the last 2 years.
The number is (416) 622-6232. Any person wishing to participate
in the class action does not have not have to pay any money, as the
case is being accepted by Mr. Barnett's firm on a contingency fee
basis, which means that the law firm will collect legal fees based on
its actual time spent on the case only if the case is successful.
Percentage legal fees are not yet legal in Ontario. It is also
important to note that the representative plaintiff for the class
would only obtain the same proportionate damages award as any other
of the many members of the class.
The Ontario Court of Justice (General Division) file number at 361
University Avenue, Toronto, is 96-CU-111557CP. For more information,
contact Doug Barnett (lawyer), (416) 253-0888.
PASSENGERS WHO MAY HAVE BEEN INJURED BY SECOND-HAND SMOKE SHOULD CALL
THE CLASS-ACTION HOTLINE (416) 622-6232. THERE IS NO COST TO REGISTER
YOURSELF IN THIS CLASS-ACTION, AND THUS BE ELIGIBLE FOR COMPENSATION.
ALTERNATIVELY, INJURED PASSENGERS CAN ALSO FAX-IN THEIR NAMES,
ADDRESSES, ETC., ALONG WITH A BRIEF OUTLINE OF THEIR SUFFERING.
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 114977,dde327bdd73c5976,start X-Google-Attributes: gid114977,public From: zzidaric@julian.uwo.ca (Zeljko "Zed" Zidaric) Subject: $301 MILLION CLASS ACTION LAUNCHED AGAINST NORTHWEST AIRLINES FOR SECOND-HAND SMOKE ON INTERNATIONAL FLIGHTS Date: 1997/01/08 Message-ID: <32d2eff7.13543883@newshost.uwo.ca> X-Deja-AN: 208389429 organization: The University of Western Ontario, London, Ont. Canada x-authenticated: zzidaric@ts14-16.slip.uwo.ca newsgroups: can.consumers