Passenger may sue for slander where airline employee accused her of injuring him

Law Reporter, Nov 2004

Ruta v. Delta Air Lines, 322 F. Supp. 2d 391 (S.D.N.Y. 2004).

A passenger whom an airline employee loudly accused of kicking him may sue for slander, a federal court in New York held.

Here, an airline employee accused Ruta, in front of other passengers on a plane waiting to take off, of kicking him and of being drunk. Ruta, whose speech is loud and slurred due to medical conditions, was removed from the flight. Her blood pressure spiked, causing her to bleed from her nose and ears for several hours. Her physican subsequently had to double her blood pressure medication dosage. Ruta sued the airline, alleging defamation, among other , claims. Defendant moved to dismiss.

Denying the motion in part, the court held that the employee's allegedly defamatory remarks could be found to have been made maliciously and were not necessary to promote passengers' safety. Although accusing someone of drunkenness is not slander per se under state case law, the court said, the employee's accusation that plaintiff kicked him, if false, is. Under New York law, a statement that falsely charges a person with an offense for which punishment could be inflicted were that person convicted is slander per se. Accordingly, the claim for defamation may proceed, the court said.

Plaintiff's Counsel

Frank P. Allegretti, Rye, N.Y.