Even Though Disabilities Not Apparent And ADA Not Violated, Airline Faces Suit Under State Statutes.

Plaintiff who has difficulty walking, due to osteoarthritis, collapsed spinal disc, knee replacement and another knee that needs replacement, flew United during both legs of a trip. She claims during both trips, United failed to provide her wheelchair assistance.  Among her allegations:  “United agents yelled at her, expressed skepticism that she actually needed a wheelchair, and twice directed her to stand in line (which she could not due because of her disabilities). At one point during her travels, a United agent whom she asked for assistance unilaterally re-booked her onto a later flight, telling her that ‘this was what she got for refusing to stand in line.’” The trial court granted United’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), holding all plaintiff’s California tort claims were preempted by the ACAA [Air Carrier Access Act]. The Ninth Circuit affirmed the trial court’s dismissal of plaintiff’s ADA claim, but reversed with regard to her state claims, stating:  “The district court evaluated only whether the state-law claims were preempted.  We, therefore, express no opinion on whether [plaintiff’s] state-law claims would survive dismissal on other grounds.” Gilstrap v. United Air Lines, Inc. (Ninth Cir.; March 12, 2013) 709 F.3d 995.