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Disabled Florida Woman Wins $4m after Jury Trial in Texas Federal Court But Now it’s Stalled

A $4m Jury Award for Disabled Florida Woman on Appeal is now on at the Fifth Circuit but it’s remanded and stalled – a year after the verdict.

Wheelchair-bound woman wins lawsuit over United Airlines after injury

Published Date: 1 Feb., 2019 | Republished by LIT; 11 Feb., 2020

HOUSTON, Texas (KTRK) — A Florida woman traveling through Houston won a multi-million dollar lawsuit against United Airlines.

Erica Fulton is disabled and was boarding her flight, when she says a flight attendant, who was helping her to her seat, dropped her, and injured her shoulder.

Fulton was traveling to celebrate her son’s 30th birthday.

“Within 30 minutes of being dropped, she’s there telling United what happened,” attorney Sean Roberts said. “They act like it never happened.”

Roberts represented Fulton in court. He says United claimed they didn’t get wind of this until six weeks after the incident, even though he says their internal call logs shows Fulton reporting it immediately.

Roberts also claims the airline didn’t even investigate the incident.

“That was probably what set this thing along the path of a multi-million dollar verdict, when it should’ve been much lower,” Roberts said.

United Airlines ultimately lost in court, and Fulton was awarded nearly $4 million.

“The way United painted their first-class passenger, as a malingerer and a liar, I’m not surprised with how the jury reacted to that,” Roberts said.

ABC13 reached out to United Airlines about the incident. They responded in an emailed statement:

“Our goal is to provide all of our customers with a safe and comfortable travel experience. We disagree with the court’s ruling and will continue to defend ourselves.”

JONES, EDITH H.

HIGGINSON, STEPHEN A.

OLDHAM, ANDREW “ANDY” S.

Before JONES, HIGGINSON, and OLDHAM, Circuit Judges. PER CURIAM:

IT IS ORDERED that appellants’ opposed motion to strike trial exhibits 137, 140, and 146 from the record on appeal is DENIED.

IT IS FURTHER ORDERED that appellants’ opposed motion for new trial is CARRIED WITH THE CASE.

IT IS FURTHER ORDERED that appellants’ alternative opposed motion for limited remand under Fed. R. App. P. l0(e) is GRANTED.

IT IS FURTHER ORDERED that appellants’ opposed motion to suspend the briefing notice dated December 10, 2019 during pendency of limited remand is GRANTED.

IT IS FURTHER ORDERED that appellees unopposed motion to file Appendix B in support of appellee’s response under seal is GRANTED.

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