Thomas Cook today won a legal battle with a disabled passenger who was claiming damages from the airline following a flight in 2008.
Christopher Stott, who is paralysed, made the claim after his wheelchair tipped up as he was trying to board a flight home from Zante using a special lift. He claimed he was humiliated and his distress was increased when he wasn’t able to sit next to his wife on the aircraft, even though they booked seats together.
Supreme Court judges ruled that Mr Stott could not claim damages for injury to his feelings because incidents that occur on board aircraft, whether in flight or on the ground, are covered by the Montreal Convention, an international treaty that only provides for damages in the case of physical injury or death.
The Court of Appeal had already dismissed Mr Stott’s claim for damages and its decision was upheld by the Supreme Court.
Thomas Cook had argued that it had made all reasonable effort to care for Mr Stott and reiterated its apology to him and his wife for their needs not being met.
