72-Year-Old Woman Sues MAS For RM752k Over A Wheelchair
72-year-old Vineetha Latha Warnakulasuriy claims to have suffered a fall caused by MAS' refusal to provide her with wheelchair assistance.
By Mei Mei Chu — 18 Jun 2014, 01:17 PM — Updated over 10 years ago
72-Year-Old Vineetha Latha Warnakulasuriy Is Suing Malaysia Airlines In An Australian Court For A$250,000 (RM752,000) In Damages
A Malaysia Airlines (MAS) passenger is suing the national airline in an Australian court, claiming A$250,000 (RM752,000) in damages for allegedly refusing to provide her with a wheelchair, causing her to suffer a fall in which she sustained bone fractures.
malaysiakini.comThe Lady Is Seeking Compensation For Bone Fractures She Suffered From Falling After MAS Refused To Provide Her With A Wheelchair
An elderly Victorian woman is suing Malaysia Airlines for $250,000 after she broke her leg on a flight when management allegedly refused to provide her with a wheelchair. Vineetha Warnakulasuriya, 72, was initially injured when she fell on a travelator at the Melbourne Airport on April 4.
The statement of claim was lodged in the Brisbane District Court yesterday. Vineetha holds dual citizenship - in Sri Lanka and in Australia. She claimed to have suffered fractures on her right tibia (shinbone) and ligament damage to her right kneecap as a result of the fall.
malaysiakini.comThe Incident Happened On 4 April 2014 Aboard Flight MH179 From Sri Lanka To Kuala Lumpur
The incident took place on April 4 this year, 72-year-old Vineetha Latha Warnakulasuriya claimed, when she arrived in Sri Lanka from Kuala Lumpur, aboard Flight MH179, and asked the flight attendant for a wheelchair.
yahoo.comAccording To The Statement Of Claim, A MAS Staff At The Melbourne Airport Had Promised That She Would Be Provided With Wheelchair Assistance All The Way Through To Her Final Destination In Colombo
A MAS Staff At The Melbourne Airport Had Promised That Arrangements Would Be Made To Provide Her With Wheelchair Assistance All The Way Through To Her Final Destination In Colombo
Image via bwbx.ioMelbourne paramedics cleared the Cranbourne woman to board her flight to Sri Lanka that day and Malaysia Airlines staff promised wheelchair assistance for the rest of her journey, her lawyers claimed in the Brisbane District Court.
Mrs Warnakulasuriya was wheeled to the plane at Tullamarine and assisted by flight attendants during a transit stop in Kuala Lumpur. However when the plane reached Colombo, she was allegedly refused a wheelchair and told to disembark by herself.
At The Final Leg Of The Journey, MAS Did Not Allow Vineetha To Bring A Wheelchair Into The Aircraft. In An Attempt To Walk Out Of Her Seat, Vineetha's Right Knee Gave Way, Causing Her To Fall.
However, Vineetha was told that the wheelchair could not be brought into the aircraft, and she would have to exit to where a wheelchair would be brought. "Following this refusal, the plaintiff (Vineetha) had no choice but to comply with the directive of the flight attendant and she attempted to get out of her seat to walk, whereupon her right knee immediately gave way and her right leg collapsed causing her to fall to the floor, resulting in the injuries," Vineetha's statement of claim states.
yahoo.comThere was allegedly no wheelchair or manual assistance when she arrived in Colombo, even after almost all other passengers had disembarked. “As the wheelchair did not arrive, after some time the plaintiff asked the nearest flight attendant, whose name is at present not known, for a wheelchair to disembark.
malaysiakini.com“The flight attendant refused and, in breach of the offer made by the defendant’s (MAS) assistant general manager, said words to the effect that a wheelchair could not be brought on board the aircraft, and that the plaintiff would have to walk off the aircraft since she had walked on, and that a wheelchair would be at the exit,” says the statement of claim.
malaysiakini.comVineetha's Lawyer Says MAS Has Denied Liability, Hence Prompting The Lawsuit
Vineetha’s lawyer Joseph Wheeler said MAS has denied liability, which was why the lawsuit was filed. “We will be arguing the MAS flight attendant’s refusal was part of the ‘accident’ as that term is understood under Article 17 of the Montreal Convention.
malaysiakini.com“The argument about the flight attendant’s conduct and refusal of a wheelchair in relation to international air transport has not been agitated in Australia, or elsewhere, to the level of a final court verdict conclusion (to our knowledge),” Wheeler told Malaysiakini.
malaysiakini.comThe National Carrier Says Vineetha Was Treated Extremely Well By Airline Staff And They Would Be Defending Themselves In Court
A Malaysia Airlines spokesman said the company would defend itself in court after investigating the incident. “Passenger safety and comfort are our top priority at Malaysia Airlines,” he said.
“We are concerned that Mrs Warnakulasuriya had a fall on the travelator at Melbourne Airport before boarding her flight, and again prior to disembarkation at Colombo. We have extended the validity of her ticket at no charge so that she can recuperate in Sri Lanka before returning home.” Shine Lawyers solicitor Joseph Wheeler said Mrs Warnakulasuriya was treated “extremely well” by airline staff when she returned to Australia last weekend.