Phrasel Shelton v. United Airlines, Inc.
Published: Feb. 22, 1997 | Result Date: Aug. 13, 1996 | Filing Date: Jan. 1, 1900 |Case number: 388906 – $7,100
Judge
Court
San Mateo Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Philip Bernstein
(medical)
Facts
Plaintiff Phrasel Shelton, a 57-year-old judge of San Mateo Superior Court, was a passenger on defendant United Airlines Inc.'s commercial airplane. The cabin filled with smoke approximately 45 minutes after take off. The plaintiff returned to the airport and an emergency evacuation was undertaken. During the emergency exit, the plaintiff was struck from behind by another passenger. When the plaintiff reached the bottom of the slide, he landed on his buttocks on the tarmac. The plaintiff alleged that he suffered emotional distress from the fear of death while flying and personal injuries from striking the tarmac. The plaintiff brought this action against the defendant based on negligence and infliction of emotional distress theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $30,000. The defendant made a settlement offer of $20,000.
Specials in Evidence
$2,100 $__________ $__________ $__________
Injuries
The plaintifff claimed he suffered emotional distress and an injury to his coccyx, possibly requiring future surgery.
Other Information
ARBITRATION: An arbitration resulted in an award of $35,000.
Deliberation
2 hours
Poll
7-2
Length
2 days
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