Tobacco Documents Online

1 Tues., Dec. 12, 1978 0 DES MOINFS REuiSTEft / 11.i y I I UNITED AIRLINES I APPEALS $410 i COURT AWARO . By JIM HEALEY .. RM, N/ Sb/1 W~ United Airlines has appealed a decision by a Des Moines magistrate that ordered the airline to pay $4 10 to a non-smoker who charged he was not adequately separated from smokers on a United flight last year. In its appeal, United contends the 1 small claims court which made the decision did not have jurisdiction over the matter. Rather, the issue should ~ be decided by the federal Civil Aero- nautics Board, United representatives said. The appeal will be heard in Polk County District Court. No date for a hearing has been set. If the district court decides magis- trate Matthew M. McEniry over- stepped his authority in hearing the suit by Des Moines physician Dr. Mark D. Ravreby, the matter would be appealed to the Iowa Supreme. Court, according to Paul Rosenberg, the doctor's attorney. "Two Issues Here" "There are really two issues here," Rosenberg said Monday. "One is the merits of whether United Airlines' conduct was a breach of their contract, or a failure to exercise the highest degree of care in looking after the welfare of their passengers. The other is whether the small claims court had jurisdiction." Paul Tschirhart, attorney for United, said in a telephone interview from United's headquarters in I Chicago, "We believe the case should I have been dismissed on jurisdictiona (IIl grounds .... The regulations under which an airline operates are promul- , ` xith those regulattons . ~ .": Therefore, ! ince we complied, there should be no jurisdiction in a local court." Regard- less of the decision on Jurisdiction, Tschirhart said, "We're going to contest it on the merits." In a ruling late last month, McEniry said the airline had to refund to Ravreby the price he paid for a round trip ticket between Des Moines and Lake Tahoe, Nev., because the doctor was not adequate- ly separated from non-smokers on a July 1977 flight, even though he had purchased a ticket in the non-smoking section. The ticket cost;410. Ravreby said he filed the suit, accusing United of a breach of contract, after a number of United officials - from a flight attendant through the company, president - told him there was nothing they could do to further separate him from nearby smokers, and refused to refund the price of his ticket. In his snit, Ravreby said he has a bronchial t . conditioo- that Is aggravated by smoke. Doctor Sought Precedent He said he was seated in what was designated a non-smoking section on the flight, but that others around him were smoking, and that the non-smok- ing area consisted of only one row out of three. In an interview following hi-s November ruling, McEniry commented: "It was just a token effort =' one row where people ~couldn't smoke, but people around ~ them could. There was no protection for non-smokers." Ravreby, a former smoker wh~jZ an attor as well as a physvcian, sai he filed the original suit in small claims court in an attempt to establish a precedent that wou!d make it easy for other non-smokers to sue in a convenient and inexpensive manner. i :

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