Former air stewardess's last ditch court fight for damages

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Tuesday, October 14, 2008
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This is Cornwall

A FORMER British Airways stewardess whose career was wrecked by a freak episode of severe turbulence last week brought her case back to court in a last-ditch attempt to win damages.

Susan Andrews, from Treverbyn, was forced to give up her 30-year career with the airline after she broke her ankle and injured her cervical spine in the accident in July 2003, which occurred as the BA777 jet was approaching Chicago airport en route from Houston.

She sued BA for £150,000 in damages, but in November last year Judge Nigel Wilkinson QC ruled against her, saying then that the pilot's approach could not have been faulted.

Miss Andrews – who now works as an estate agent – had claimed the pilot should have directed cabin crew to strap themselves in, as they flew 20 miles from the edge of a 'severe thunderstorm'.

She said the turbulence was so serious that she was twice thrown up to the ceiling of the galley, striking her head each time.

But Judge Wilkinson rejected her claim against the airline.

He said that both the captain and the co-pilot had given careful thought to the risks of flying in disruptive conditions.

Last Tuesday, October 7 she appeared again at London's Court of Civil Appeal, with her barrister, who argued Judge Wilkinson had made the wrong decision.

Mr Butler told the court that the pilot had, contrary to Judge Wilkinson's findings, been flying downwind of the storm.

He added that, if a pilot chose to do this, as well as skirting the edges of a storm, it was considered to be 'one of the most hazardous areas outside of a thunderstorm' and was well-known for 'severe turbulence'.

"The cabin crew should have been instructed to strap in, in accordance with BA's safety procedures," the barrister argued.

Lawyers for British Airways maintain that the rough ride was due to 'clear air turbulence' and that the pilot was not flying downwind of the storm.

Last year, the High Court was told the skies between Houston and Chicago were filled with intense storms, and the stormy area the plane flew near was 'twice the size of Mount Everest'.

The co-pilot described the turbulence as the worst he had ever experienced and said it "blew my socks off".

Lord Justice Mummery, sitting with Lady Justice Smith and Lord Justice Goldring, have reserved their decision on Miss Andrews' appeal and will give their ruling at a later, unspecified, date.

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