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Couple Sues Airline for Overserving Alcohol
December 19, 2008

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News Summary

A U.S. couple is suing United Airlines for allegedly over-serving alcohol to a husband who then beat his wife while intoxicated, the Chicago Tribune reported Dec. 17.

The suit alleges that the airline served Yoichi Shimamoto red wine every 20 minutes on a flight from Japan to California in December 2006. Later, while going through customs, Shimamoto was arrested for disorderly conduct and battery after hitting his wife, Ayisha, six times in the face.

Yoichi "could not manage himself" due to United serving him too much alcohol, the couple alleged in the lawsuit filed in U.S. District Court in Tampa. The couple said in their complaint that the airline's "conduct was egregious because it knew or should have known that over-serving a passenger alcohol on an international flight would have negative consequences," and that their conduct "was deliberate, reckless, intentional, and done with disregard for plaintiffs and all passengers."

Yoichi Shimamoto was sentenced to 18 months' probation, and the couple wants United to pay the costs of bail, defense and immigration attorneys' fees, and other expenses associated with the case.

Bars and restaurants deal with similar lawsuits because they are held responsible for the harmful actions of inebriated patrons under dram-shop laws, but it is unclear if those laws apply to alcohol service on airline flights.

"We believe that a lawsuit that suggests that we are somehow responsible for the consequences of a passenger's physical assault on his own wife is without any merit whatsoever," said Jean Medina, a spokesperson for United. 

COMMENTS ON THIS ARTICLE:

Posted by anonymous on 22 Dec 08 11:37 AM EST
I am so tired of individuals not taking responsibility for their own actions. This is ridiculous.

Posted by Can't believe it in Texas on 22 Dec 08 11:45 AM EST
Such an incident is indeed unfortunate, however most likely this is not the first time this gentleman has hit his spouse, after consuming alcohol, then to turn around and blame his bad habitual behavior on the airline is definetly without merit. At what point do persons become responsible and accountable for their own bad behavior and stop blaming others?

Posted by John from Oceanside on 22 Dec 08 12:07 PM EST
California only has Dram-Shop Law for underage individuals who are served at a bar and then go out and another individual is hurt. The law does not include adults who are over served. It would be great if they some how won, because then bars in California would be more concerned about over serving patrons.

Posted by Susan Eisner on 22 Dec 08 12:08 PM EST
As always, there is more than one side to a story. It is of course ludacrous that this couple will not take responsibility for their own problems. And it is ludacrous that this man would accept so much alcohol from the flight attendant. It is also ludacrous, if it is in fact true, for an airline to be serving anyone alochol every 20 minutes. And if the man requested all this alcohol, it is the airline's responsibility, as it would be a bartender's, to stop serving it to him.

Posted by perkysmom on 22 Dec 08 12:20 PM EST
They're just looking for money. (Why is this woman still with this man?)

Posted by J C on 22 Dec 08 12:35 PM EST
If there's a more litigious society than the US, it's Japan. Prosperity breeds entitlement. The case here is ridiculous, but one that the plaintiffs could win in the right jurisdiction. There's no question but what we have a mess to deal with, and alcohol is only a symptom.

Posted by worldrunner on 22 Dec 08 01:30 PM EST
I lived in Japan -- not a litiguous society by any means! Because of their group mentality, harmony is supposed to be kept, and people turn a blind eye to harm. Yes, I saw drunk men masturbating on high school girls that were unable to move because of packed and crowded conditions in the train. When I started cursing the man in Japanese, people stared at me -- not the assault taking place! Another woman sued her supervisor for making her drink alcohol in deference to his authority -- she had Yakuza vans driving by and harassing her with their bullhorns for weeks! No, in Japan "The nail that sticks up will be hammered down." Japan is an alcohol loving society -- vending machines on every corner and mandatory after-work drinking with the boss! This couple is trying to take advantage of America's system, and it is likely this guy has already hit her multiple times in Japan (very few safe houses for Japanese women, too). Still, I hope they win their lawsuit -- fair or not, the airlines need to think twice about serving any booze on their flights!

Posted by John from Oceanside on 22 Dec 08 01:57 PM EST
California does not have a Dram shop law.

Posted by John on 22 Dec 08 02:32 PM EST
When surveyed or asked for an opinion such as here, everyone agrees that lack of acceptance of responsibility is a huge problem in our society, but yet it continues. The problem is that "everyone else" doesn't accept responsibility. I have often seen the same people who say this do the opposite when it becomes about them.

Posted by MM on 22 Dec 08 04:22 PM EST
I wonder about the international aspects of this situation, because this happened in international air and not in a country. When a law is broken on a cruise ship for example, there is very little a victim can do because it usually happens in international waters and the laws are much different. I doubt they will be able to sue the airline. The best hope for this couple is AA and Al-Anon.

Posted by John French on 23 Dec 08 07:35 AM EST
Hey, where was this "no personal responsibility" deal when I needed it?!? Oh, well. Today I live in Costa Rica, which quaintly expects people to watch where they walk. If you fall in a pothole big enough for a car (literally) you should have watched where you were going. And if you get drunk and do stupid things, not only can't YOU sue anyone, no one can effectively sue YOU.

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