Man Beat Wife After Drinking Wine To Excess
A bizarre lawsuit has been filed by a Japanese man against
United Airlines, charging that it's the airline's fault he beat and
injured his wife after getting off a flight from Osaka, Japan, to
Yoichi Shimamoto tells the Chicago Tribune he was arrested and
charged with disorderly conduct and battery after he struck his
wife, Ayisha, six times, injuring her face and upper lip as they
were heading through US Customs in San Francisco. The couple claims
the attack is the fault of the airline... which they say served the
husband wine every 20 minutes on the long flight, leaving him drunk
and "unable to manage himself."
The suit was filed December 5th in US District Court in Tampa.
It seeks $100,000 related to bail expenses, payment of other legal
costs, damages for pain and suffering, and, "...any other relief
that is just and proper."
The suit was filed in the spirit --
so to speak -- of the Dram Shop Act, which assigns liability to
commercial suppliers of alcohol for injuries caused by their
intoxicated patrons. The law is why, in most US states, bars and
other commercial outlets won't sell alcohol to anyone who is
Legal experts say the airline could certainly be held
responsible if the alcohol had been served in California... but at
40,000 feet over the international waters of the Pacific, it's not
James Speta, a professor at Northwestern University Law School,
suggests common sense may eventually make its way into this
"The idea that the server should have stopped serving is often
accepted when the injury is to a third person, such as in a
drunk-driving situation," Speta says. "Generally, the courts have
not been receptive to people saying, 'I asked for the drink and you
gave it to me.'"