Marcelle Becker v. American Airlines, Inc. and Captain Edwin L. Frost
Published: Apr. 10, 1999 | Result Date: Mar. 10, 1999 | Filing Date: Jan. 1, 1900 |Case number: SC050875 – $0
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Defendant
Tina I. Mangarpan
(Ford, Walker, Haggerty & Behar LLP)
Jeffrey S. Behar
(Ford, Walker, Haggerty & Behar LLP)
Experts
Plaintiff
John Gallagher
(technical)
Defendant
Donald Lykins
(technical)
Facts
On July 6, 1995, plaintiff Marcelle Becker, a Beverly Hills socialite, was a first class passenger on board of defendant American Airlines, flight 19 from JFK to LAX. She was traveling with her Maltese dog, "Dom Perignon," which was held in a Louis Vitton carrying kennel case. During the course of the flight, the dog repeatedly escaped from the kennel, allegedly due to a broken zipper on the case. The plaintiff claimed that she was taking a nap when she was rudely awakened by flight stewardess demanding that she keep the dog in the kennel and under the seat. Despite her explanation concerning the broken zipper, the plaintiff testified that defendant captain Frost left the cockpit of the DC-10 and, without provocation, forcibly bent her over the seat and hog tied her with her own dog lesh. The plaintiff was initially able to free herself. During two restraints, the plaintiff was allegedly beaten by captain Frost. The plaintiff brought this action against the defendants based on false arrest and assault and battery.
Settlement Discussions
The plaintiff made no demand. The defendant made no offer.
Specials in Evidence
$200,000
Injuries
The plaintiff suffered post-traumatic stress disorder, requiring psychotherapy, fibromyalgia and cervical disc herniation at C4-5. Photographs depict graphic bruises around the plaintiff's neck, shoulders and upper torso.
Other Information
Three years after the incident, the plaintiff was criminally indicted by a Federal Grand Jury. The criminal trial is pending. Numerous passengers testified the plaintiff was screaming "F *** You" and threatening to "kick out a window/open a door and kill you all."
Deliberation
3+ hours
Length
seven days (bifurcated trial on liabilit
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