But Now They're Stuck With Legal Bills As Airline Refuses
To Help
Three former America West (now US Airways) flight attendants have
prevailed against a defamation suit brought against them by First
Officer Ed Gannon, sparked by the FAs report of the FOs failure to
follow proper deicing procedures.
In 2006, FO Gannon filed a $2 million suit against Paula Walker,
Sue Burris and Brian Shunick. His complaint stated the flight
attendants' "making of false allegations jeopardizing Gannon's
ability to work in his profession is, on its face, (1) intentional
and reckless, (2) is extreme and outrageous, (3) was the direct
cause of his having to undergo over three years of investigation
and prosecution, and (4) his emotional distress could only be
severe."
The Phoenix New Times reports that last month, Maricopa County
Superior Court Judge Louis Araneta dismissed the co-pilot's lawsuit
entirely, saying there was no evidence that the FAs had knowingly
made false statements, nor that they'd made statements with
"reckless disregard for the truth."
The NT also reports that despite Gannon's claim of severe
emotional distress caused by the incident, he has subsequently
failed to report any such condition on FAA medical questionnaires,
raising a point with potentially serious consequences: Either
Gannon lied in his legal claim, making his suit little more than
frivolous harassment - or lied on his medical form, violating FAA
regulations.
Although FAs Walker, Burris and Shunick were vindicated by the
verdict, the airline has refused to back them financially.
According to their union contract, legal expenses for lawsuits
against FAs for actions taken while on official duty are to be
provided for by the airline, but so far US Airways has refused to
pay a penny for the FAs' defense -- estimated to total over
$80,000.
The loophole? If determined to be guilty of "willful
misconduct," the employee is on their own. This raises the moral
question of defining "misconduct" -- is it wrong to make up a story
to save lives that one believes are in imminent danger?
Lisa LeCarre, president of the Phoenix chapter of the
Association of Flight Attendants, said the union is pursuing an
internal grievance process in hopes of getting the airline to pay
up. "We do believe the company should have assisted these flight
attendants legally, every step of the way," she said. "We don't
want any litigation putting a chill on the communication between
the cabin crew and the flight deck."
As ANN reported, Paula Walker, Sue Burris and
Brian Shunick were the FAs working aboard America West Flight 851
on a cold wintry morning in 2003. Walker had mentioned de-icing the
frost-covered airplane to FO Ed Gannon, who dismissed the FA's
concerns. Walker's further appeal to the captain was also
fruitless.
"We had to think of something fast," Walker said. All three FAs
were experienced, averaging 20 years of service apiece. "I've been
with this company 20-something years," Shunick said. "I see ice on
the wings, I know what it is."
The FAs weren't the only ones who noticed the icy plane and
sensed something out of the ordinary. De-icer crewman Arnie Getz
said, "At about 6:15 [am], my de-icing partner... approached a
member of the flight crew, asking if they were going to require a
de-icer. They said no, that they were fine. We were both surprised,
because we could see the frost on the wings and the fuselage."
Alarmed that the pilots had pushed back and chosen to depart
without de-icing the frosty airplane, the trio stretched the truth
-- calling the cockpit with a fabricated story, stating that
passengers had become concerned about ice on the wings.
Walker said the FO then took another look at the frost-covered
wings and begrudgingly relented, grumbling, "Now we have to de-ice
to cover our ass." America West Flight 851 departed Calgary
de-iced, and arrived in Phoenix safely and on time. Walker and her
fellow flight attendants may well have saved Flight 851 from
tragedy.
The incident was so disturbing to the FAs that, immediately upon
landing at Phoenix's Sky Harbor Airport, the three filed a
complaint at the airline's on-site offices. "I'd never in my
then-18 years written up anybody for anything," Walker said. Burris
said she'd never before filed a complaint, either. "But this was a
potential catastrophe. To fly with contamination... you just don't
do that."