Alleges He Was 'Forced to Crawl' As Airline Staff Refused To Assist Him

Hawaiian resident D. Baraka Kanaan has filed suit against Delta Airlines after he says he was "forced to crawl" while both boarding and disembarking on a round trip flight from his island home to Nantucket in 2012. Kanaan alleges the airline violated his rights under the American with Disabilities Act and the Air Carrier Access Act. The suit was filed in U.S. District Court in Hawaii according to the website CapeCodonline.com.

Kanaan's attorneys, Richard Holcomb and Brian Brazier of Honolulu-based Holcomb Law LLLC, wrote in the 18-page complaint that, "Kanaan suffers from paraparesis, a condition that was brought on by severe spinal injuries suffered in a vehicle accident in 2000" leaving him unable to walk."

The complaint alleges that Kanaan called Delta "several weeks in advance of his flight" to inform the airline of his disability and ensure the provision of a wheelchair for the airplane's aisle and lift access to board and exit the plane "because he cannot walk." In spite of the advanced notice, upon landing Kanaan was allegedly informed that Delta did not have an aisle chair or a lift, so he was forced to crawl out of the airplane and across the tarmac to his personal wheelchair.

Kanaan filed a complaint with the Delta disability desk and requested the proper equipment be available for his return flight from Nantucket to Maui on July 29, 2012. However, the suit alleges that upon check-in for the flight the equipment was again not available and he was forced to crawl across the tarmac, up the boarding stairs and down the airplane's isle to his seat. Kanaan alleges that Delta personnel refused to assist him for fear of liability and simply watched him struggle.

The website reports that Delta had not filed an answer to the complaint as of Sunday (July 28,2013) evening and Delta spokesman Eric Torbenson said the airline cannot comment on pending litigation. Kanaan is seeking a jury trial and is seeking compensatory and punitive damages. A scheduling conference has been set for October 21, 2013.

A YouTube video has surfaced that shows Kanaan standing and walking onstage at a convention that took place in 2006, six years after his accident, Kanaan said he underwent spinal treatments that allowed him to walk with a cane for a period of time.

But he said he has been in a wheelchair for the past five years and currently uses an electric wheelchair to get around.

"I don't have anything to hide, I want to be treated humanely." Kanaan said of his decision not to remove any of his videos from YouTube.

Brian Brazier, one of Kanaan's attorneys said, "We are appalled by the treatment of Mr. Kanaan by Delta Air Lines, and this is not the first instance of misconduct by Delta Air Lines towards disabled people, and we hope in Mr. Kanaan's case, he can be vindicated in court."

FMI: www.capecodonline.com