This case was last updated from PACER on 06/04/2021 at 08:26:23 (UTC).

Cassella v. Delta Airlines, Inc. et al

Case Summary

On April 5, 2021, Theresa Cassella (“Plaintiff”) represented by Thomas Wuori of Ringsmuth Wuori PLLC filed a personal injury action against Delta Airlines, Inc. (“Delta”), Skywest Inc. and Skywest Airlines (“Skywest”), and Prospect Airport Services (“Prospect”) (Collectively, “Defendants”) seeking damages for the injuries allegedly caused and duties allegedly breached. This case was filed in the U.S. District Court for the Eastern District of Michigan with Judges Anthony P. Patti and David M. Lawson presiding. 

 

In the complaint, the Plaintiff has alleged that “Plaintiff was 80-year-old at the time she was traveling from Albany, New York to Indianapolis, Indiana as a part of four-leg trip ticketed through the Defendants.” “Plaintiff was a ticketed passenger for Delta Flight 4616, made and paid for her and on behalf of her son, Nick, which included him using his status as part of Defendant’s Diamond club to arrange for specialised wheelchair assistance and service for Plaintiff because of her age and limited mobility.” “The Defendant’s Employee did not offer the Plaintiff any assistance, guidance or instruction other than confirm that an unmanned wheelchair that was on the jet bridge was for her and can be used by her.”

 

The Plaintiff has further alleged that upon receiving no assistance from the Employees of the Defendant, “Plaintiff then tried to herself sit in the unmanned wheelchair as directed, and while doing so the unsecured, unstable and unmanned wheelchair and Plaintiff fell backwards with her back and hip areas striking the floor of the Jet Bridge. The Plaintiff was then either knocked off or unconscious and does not remember everything post-fall. Plaintiff laid on the floor in severe pain with no airline personnel offering any assistance or allowing other passengers to assist as someone had called for the ambulance or medical assistance.”

 

There is one claim for relief laid down by the Plaintiff. The claim is for the alleged negligence as the Defendants owed a duty of care to the Plaintiff that included service and assistance in deplaning and in obtaining, providing and using a wheelchair which included (a) providing a safe wheelchair, (b) assistance in embarking and disembarking the plane and assistance entering into and exiting from a wheelchair. The Plaintiff has cited that over 36 million adults fall each year in the United States, with falls being the leading cause of injury and death for the older population. Further, Delta and Skycare operated as common-carriers and as such, this common carrier-passenger created a duty on Defendants to exercise the highest standard of due care in a reasonably prudent manner. 

 

In her Prayer for relief, the Plaintiff has asserted that all the Defendants allegedly breached their respective duties and as a proximate cause and result, allegedly caused serious and permanent physical, economic and non-economic damages including but not limited to hospitalization, surgery, rehabilitation, missing the important event of grandson’s graduation, occupational and physical therapy, pain and suffering, embarrassment, humiliation, loss of independence and mobility, isolation etc. In the light of the said facts, the Plaintiff has requested the Court to enter judgment against the Defendants for the appropriate amount the Plaintiff is found entitled to along with cost, attorney’s fees and interest as provided by the law.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-10772

  • Filing Date:

    04/05/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

Judge Details

Referral Judge

Anthony P. Patti

Presiding Judge

David M. Lawson

 

Party Details

Plaintiff

Theresa A Cassella

Defendants

Delta Airlines, Inc.

Prospect Airport Services, Inc.

SkyWest, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Thomas Wuori

Attorney at Ringsmuthwuori PLLC

102 W. Front Street, Ste 401, 49684, Ste 401

Traverse City, MI 49684

Defendant Attorneys

Scott R. Torpey

Attorney at Jaffe, Raitt,

27777 Franklin Road, Suite 2500

Southfield, MI 48034-8214

Timothy James O'Connell

Attorney at Jaffe Raitt Heuer & Weiss, P.C.

27777 Franklin Road, Suite 2500

Southfield, MI 48034

Brad A. Danek

Attorney at Brooks Wilkins Sharkey & Turco

401 South Old Woodward, Suite 400

Birmingham, MI 48009

 

Court Documents

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3 More Documents Available
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Docket Entries

  • 05/18/2021
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  • Docket(#15) NOTICE TO APPEAR BY TELEPHONE: Scheduling Conference set for 6/16/2021 at 11:00 AM before District Judge David M. Lawson. (See image for document deadline.) (SPin) (Entered: 05/18/2021)

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  • 05/18/2021
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  • Docket(#14) ATTORNEY APPEARANCE: Timothy James O'Connell appearing on behalf of Delta Airlines, Inc., SkyWest, Inc. (O'Connell, Timothy) (Entered: 05/18/2021)

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  • 05/18/2021
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  • Docket(#13) STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by SkyWest, Inc. (Torpey, Scott) (Entered: 05/18/2021)

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  • 05/18/2021
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  • Docket(#12) STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Delta Airlines, Inc. (Torpey, Scott) (Entered: 05/18/2021)

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  • 05/18/2021
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  • Docket(#11) ANSWER to Complaint with Affirmative Defenses with Jury Demand Reliance by SkyWest, Inc.. (Torpey, Scott) (Entered: 05/18/2021)

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  • 05/18/2021
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  • Docket(#10) ANSWER to Complaint with Affirmative Defenses with Jury Demand Reliance by Delta Airlines, Inc.. (Torpey, Scott) (Entered: 05/18/2021)

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  • 05/10/2021
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  • Docket(#9) CERTIFICATE of Service/Summons Returned Executed. Prospect Airport Services, Inc. served on 4/14/2021, answer due 5/5/2021. (Wuori, Thomas) (Entered: 05/10/2021)

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  • 05/10/2021
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  • Docket(#8) CERTIFICATE of Service/Summons Returned Executed. Delta Airlines, Inc. served on 4/14/2021, answer due 5/5/2021. (Wuori, Thomas) (Entered: 05/10/2021)

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  • 05/07/2021
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  • Docket(#7) STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Prospect Airport Services, Inc. (Danek, Brad) (Entered: 05/07/2021)

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  • 05/06/2021
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  • Docket(#6) ANSWER to Complaint with Affirmative Defenses by Prospect Airport Services, Inc.. (Danek, Brad) (Entered: 05/06/2021)

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  • 05/06/2021
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  • Docket(#5) NOTICE of Appearance by Brad A. Danek on behalf of Prospect Airport Services, Inc.. (Danek, Brad) (Entered: 05/06/2021)

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  • 04/06/2021
  • DocketA United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (DAll) (Entered: 04/06/2021)

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  • 04/06/2021
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  • Docket(#4) SUMMONS Issued for *SkyWest, Inc.* (DAll) (Entered: 04/06/2021)

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  • 04/06/2021
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  • Docket(#3) SUMMONS Issued for *Prospect Airport Services, Inc.* (DAll) (Entered: 04/06/2021)

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  • 04/06/2021
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  • Docket(#2) SUMMONS Issued for *Delta Airlines, Inc.* (DAll) (Entered: 04/06/2021)

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  • 04/05/2021
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  • Docket(#1) COMPLAINT filed by Theresa A Cassella against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-8413592 - Fee: $ 402. County of 1st Plaintiff: Albany County, NY - County Where Action Arose: Wayne County, MI - County of 1st Defendant: Fulton County, GA. [Previously dismissed case: No] [Possible companion case(s): None] (Wuori, Thomas) (Entered: 04/05/2021)

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