David Dao, the 69-year-old Vietnamese-American doctor who was dragged from a United Airlines plane in Chicago, will likely sue the airline, according to his attorney, who stated that Dao suffered a concussion, a broken nose and the loss of his two front teeth.
Speaking at a press conference in Chicago, Dao’s attorney, Thomas Demetrio, initially said, “We’re not ready to sue. We’re doing our due diligence.” But then he added, “It will be filed in Cook County.”
Demetrio claimed Dao will need reconstructive surgery. He added, “For a long time airlines, United in particular, have bullied us. Will there be a lawsuit? Yeah, probably.” Demetrio claimed Dao told him the incident was more frightening than was more terrifying than fleeing Vietnam in the 1970s.
Dao was hospitalized after Chicago aviation police pulled him from the plane because it was overbooked.
On Wednesday, Dao’s attorneys filed an emergency “bill of discovery” against United Illinois State Court demanding that evidence documenting Sunday’s “re-accommodation” aboard a Kentucky-bound plane be “preserved and protected.”
According to Paul Callan, a civil and criminal trial lawyer in New York, Dao could file a personal injury claim for assault and battery against the police and United; he could also file a contract claim.
Conversely, Kenneth Quinn, who represents airlines, said under the passenger contract, removing Dao from the plane while it was still at the gate was essentially the same as denying him boarding. When Dao refused to leave, Quinn said, the airline was justified in removing him. But Quinn acknowledged, “I think United is likely to be found on legally solid ground, but has already lost in the court of public opinion, and will pay dearly for it.”
On Wednesday, United Chief Executive Oscar Munoz apologized to Dao, his family and United customers, adding that United would not use law enforcement officers to remove passengers from overbooked flights in the future.