David Joya, Disabled Aeromexico Passenger, Sues Over Broken Leg

Posted Jul 12th 2011 09:00 AM

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David Joya, Disabled Aeromexico Passenger, Sues for Broken Leg

ahisgett/Flickr

A disabled Texas man is suing Aerovias de Mexico, a company that flies as Aeromexico, accusing its staff of breaking his leg.

Back in February, David Joya was flying from Leon, Mexico to Houston on Aerovias de Mexico, which was operating as Aeromexico.

Joya's itinerary required that he make a layover in Mexico City where he could catch a flight to the U.S.

According to local media the Ultimate Aldine, "Joya claimed an Aeromexico employee handled him 'aggressively' while transporting him from one aircraft to another, allegedly causing his leg to be broken."

He is suing Aeromexico for negligence and breach of contract, claiming the airline didn't provide the level of comfort and service he expected when booking his tickets. The amount he is requesting in damages remains undisclosed, but it will cover medical expenses and court fees.

Filed Under: Air Travel, News

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imshemish

Please, please when you refer to a PERSON with a disability...put the PERSON first.! Mr. Joya is a PERSON that just happens to have a disability. Do not define him as a disabled passenger. He was a passenger that was treated unfairly, that he was disabled is secondary.

July 12 2011 at 10:39 PM Report abuse +2 rate up rate down Reply
1 reply to imshemish's comment
Heidi Ann

Yay imshemish. I have a few friends who are paralyzed and I had to tell one of them I didn't think of him as my paralyzed friend, but as my friend who happened to be paralyzed. He felt that he was less of a person because he couldn't help his children the way he wanted to. I have a disability. (Epilepsy) and it's hard even for me to realize I'm a person first and an epileptic second. It changes your life so much, you get defined by it. It's hard to change your thinking and adjust to the difference.

November 13 2011 at 3:22 PM Report abuse +2 rate up rate down Reply
Broc

Yea good luck bud !!! LOL

July 12 2011 at 7:49 PM Report abuse rate up rate down Reply
Broc

Yea good luck bud !!! LOL

July 12 2011 at 7:49 PM Report abuse rate up rate down Reply
CHARLES

If you book travel through a travel agent to Mexico, they remind you about insurance problems and how to work your way around them with your own Mexican Ins. policy, plus do NOT make unsubstantiated or unproven claims unless you are able to back them up 2000%.
Jose' will provide "40 cousins" that will swear your problem was somewhere else and you were drunk at the time. True story.

July 12 2011 at 7:03 PM Report abuse +1 rate up rate down Reply
Mary Elizabeth

Some people just confound the rest of us with their insensitivity. If you or a loved one were disabled and/or injured perhaps the comments like those posted here wouldn't seem so funny to you.
Everyone has the right to travel safely and live their lives just like everyone else whether they are disabled or not. It seems that "some" people that are not disabled live with greater disabling mental conditions and maybe "they" are the ones that should have a nurse or care giver. I don't recall hearing the DPS warning that disabled people should not travel to Mexico because they could be injured by airline personnel...very active imagination you have there. And the reason why consumers pay so much for things and services can be attributed more to the fact that if businesses would just do the right thing and pay damages instead of wasting money on paying to avoid settling (and then they have to pay anyway) they would save everyone a lot of money.
But...in reality...if this airline is one that originated it's flight in Mexico, is owned by a Mexican entity and he sued in the USA he probably will get nothing as they are not held to US law. Don't forget that air law is completely different than the law of the land. They have their own laws such as the ACAA.

July 12 2011 at 6:46 PM Report abuse +8 rate up rate down Reply
dess222

He may have trouble due to the laws in Mexico. A woman I knew walked off a curb in Costa Rica not knowing that there was about a two-foot drop to the street. She was laughed out of court when she sued for damages (a broken leg).

July 12 2011 at 6:38 PM Report abuse +5 rate up rate down Reply
I love Snickers

The poor man!!! They broke his leg, so he couldn't walk till it healed. Oh, wait a minute....... LOL

July 12 2011 at 6:10 PM Report abuse -14 rate up rate down Reply
lbrown8349

He may very well be fragile... and if a person has Osteogenesis Imperfecta... they don't need a Nurse... but they can Not be handled roughly either! Any disabled person should be handled carefully... period.

July 12 2011 at 6:06 PM Report abuse +13 rate up rate down Reply
hudanlan

Mr.Joya, ignored directive of Tx Dept Public Safety when it issued high level travel warning against going to Mexico. DPS won't back down, firm in belief dangerous to visit any region in Mexico, even pressure from DC & Mex Gov Tourism Dir can't get warning retracted.
Seems Mr.Joya took the chance anyway, but other than delibrate act of cruelty, don't understand, with info provided, how an airline employee broke his leg.
All stories have 2 sides, until both are heard, I'd suggest Aeromexico wouldn't expend energy going to court, if in the wrong, they would've just settled claim with Mr.Joya to avoid any negative PR

July 12 2011 at 5:42 PM Report abuse -7 rate up rate down Reply
vietnamvet1967

Good Luck, Remember it's MEXICO

July 12 2011 at 5:42 PM Report abuse +7 rate up rate down Reply

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