Facts

In 2003, Krishan Sharma slipped and fell in the bathroom of a Virgin Atlantic airplane on which he was a passenger. The flight was from London to San Francisco. Sharma, 37, filed a lawsuit against Virgin Atlantic Airways Ltd. Because the matter involved international law, Sharma's lawsuit was brought under the Warsaw Convention.

PLAINTIFF'S CONTENTIONS:
The plaintiff asserted that he suffered injuries as a result of the fall. He claimed that at the time he was using the bathroom, there was no turbulence. As required when filing a lawsuit under international law, the plaintiff's attorney contended that the fall resulted from an unexpected event. Through a safety engineer expert, the plaintiff claimed that the slippery plastic bathroom floor caused his fall.

The plaintiff's expert further contended that like other airlines, the defendant should have taken steps to make its bathroom safer for use. The plaintiff's kinesiologist contended that even though the bathroom was small, a slip and fall in which injuries could result was possible.

DEFENDANT'S CONTENTIONS:
The defendant challenged the plaintiff's allegation that he slipped, fell and suffered injuries. The defendant claimed the bathroom was too small for such an occurrence. Further, there was nothing the defendant could have done to prevent the incident.

Through the testimony of a safety expert, the defense claimed the plaintiff most likely lost his balance because he was not seated while using the toilet. Concerning the plaintiff's injuries, the defendant contended through its expert orthopedic surgeon that the knee injury occurred either before or after the incident because it could not have happened under the circumstances alleged by the plaintiff. Further, the defendant claimed that the plaintiff did not suffer from post-concussion syndrome as he alleged.

Settlement Discussions

The plaintiff demanded $75,000 and the defendant offered $25,000 before the trial and $50,000 during mediation.

Specials in Evidence

$101,880.

Damages

The plaintiff sought damages for pain and suffering.

Injuries

The plaintiff's injuries consisted of a concussion, soft-tissue injuries and a tear to his right medial meniscus for which the plaintiff underwent surgery. The plaintiff also underwent treatment from various psychologists for what his neurologist diagnosed as post-concussion syndrome.

Result

$251,880.

Other Information

NEUTRAL MEDIATOR: Jennifer Lum