Osbon v. JetBlue

JS 44C/SDNY

REV. 4/2014 15 CV 2306CIVIL COVER SHEEThe JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service ofpleadings orotherpapersas required bylaw, exceptas provided bylocal rulesofcourt. This form, approved bytheJudicial Conference of the United States in September 1974, is required for use of the Clerk of Court for the purpose ofinitiating the civil docket sheet.

PLAINTIFFS

Clayton Osbon JUDGE SCHOFIELDDEFENDANTS

JetBlue Airways Corporation

ATTORNEYS (FIRM NAME,ADDRESS, AND TELEPHONE NUMBERMatthew J. McDonald, Liddle & Robinson, L.L.P., 800 Third Avenue, 8thFloor, New York, New York 10022

ATTORNEYS (IF KNOWN)Matthew Steinberg, Akerman LLP, 666 Fifth Avenue, 20th Floor, New York,New York 10103

CAUSE OF ACTION (CITETHE U.S. CIVIL STATUTEUNDERWHICH YOUARE FILING ANDWRITEA BRIEF STATEMENTOF CAUSE)(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

!AR 2 7 2015

Has this action, case, orproceeding, orone essentially the same been previously filed in SDNY atany time? NoEres LJjudge Previously Assigned

Ifyes,wasthis case Vol. fj Invol. fj Dismissed. No [~J Yes [~J If yes, give date &Case No.

IS THIS AN INTERNATIONAL ARBITRATION CASE? No [x] YeS [~J

(PLACEAN [x] IN ONEBOXONLY) NATURE OF SUIT

ACTIONS UNDER STATUTES

CONTRACT PERSONAL INJURY PERSONAL INJURY[ ] 367 HEALTHCARE/

FORFEITURE/PENALTY BANKRUPTCY

[]110 INSURANCE [ )310 AIRPLANE PHARMACEUTICAL PERSONAL , , 625DRUG RELATED [ ]422 APPEAL[]120 MARINE [ I 315 AIRPLANE PRODUCT INJURY/PRODUCT LIABILITY SEIZURE OF PROPERTY 28 USC 158[J 130 MILLER ACT LIABILITY | 1365 PERSONAL INJURY 21 USC 881 [ ]423 WITHDRAWAL[]140 NEGOTIABLE [ ] 320 ASSAULT, UBEL& PRODUCT LIABILITY [ ]690 OTHER 28 USC 157

INSTRUMENT SLANDER [ ] 368 ASBESTOS PERSONALi 1150 RECOVERY OF [ I 330 FEDERAL INJURY PRODUCT

OVERPAYMENT & EMPLOYERS' LIABILITY PROPERTY RIGHTS

ENFORCEMENT LIABILITY

OF JUDGMENT [ I 340 MARINE PERSONAL PROPERTY | l 820 COPYRIGHTS[]1 MEDICARE ACT [ ] 345 MARINE PRODUCT I I 830 PATENT[]152 RECOVERY OF LIABILITY [ 1370 OTHER FRAUD [ J840 TRADEMARK

DEFAULTED | J350 MOTOR VEHICLE [ ] 371 TRUTH IN LENDINGSTUDENT LOANS [ ) 355 MOTOR VEHICLE(EXCL VETERANS) PRODUCT LIABILITY SOCIAL SECURITY

[ ]153 RECOVERY OF ] 360 OTHER PERSONALOVERPAYMENT INJURY | ] 380 OTHER PERSONAL LABOR [ ]861 HIA(1395ff)OF VETERAN'S [ 1362 PERSONAL INJURY - PROPERTY DAMAGE ( j862 BLACK LUNG (923)BENEFITS MED MALPRACTICE ( ] 385 PROPERTY DAMAGE | ] 710 FAIR LABOR [ J863 DIWC/DIWW (405(g))

[ J 160 STOCKHOLDERS PRODUCT LIABILITY STANDARDS ACT [ ] 864 SSID TITLE XVISUITS [ ) 720 LABOR/MGMT ( ] 865 RSI (405(g))

M190 OTHER PRISONER PETITIONS RELATIONSCONTRACT [ ] 463 ALIEN DETAINEE [ ) 740 RAILWAY LABOR ACT

[ J195 CONTRACT [ J510 MOTIONS TO ( ] 751 FAMILY MEDICALLEAVE ACT (FMLA)

FEDERAL TAX SUITS

PRODUCT ACTIONS UNDER STATUTES VACATE SENTENCE

LIABILITY 28 USC 2255 | ] 870 TAXES (U.S. Plaintiff or[ ] 196 FRANCHISE CIVIL RIGHTS [ I 530 HABEAS CORPUS [ ] 790 OTHER LABOR Defendant)

[ ] 535 DEATH PENALTY LITIGATION [ ] 871 IRS-THIRD PARTY

REAL PROPERTY

[ 1440 OTHER CIVIL RIGHTS(Non-Prisoner)

[ J 540 MANDAMUS & OTHER I ]791 EMPL RET INCSECURITY ACT

26 USC 7609

[ J441 VOTING IMMIGRATION[ ]210 LAND [ 1442 EMPLOYMENT PRISONER CIVIL RIGHTS

CONDEMNATION [ J443 HOUSING/ ( J462 NATURALIZATION[ J 220 FORECLOSURE ACCOMMODATIONS [ I 550 CIVIL RIGHTS APPLICATION[ ] 230 RENT LEASE & I ]445 AMERICANS WITH [ j555 PRISON CONDITION ( ] 465 OTHER IMMIGRATION

EJECTMENT DISABILITIES - [ J560 CIVIL DETAINEE ACTIONS[ ]240 TORTS TO LAND EMPLOYMENT CONDITIONS OF CONFINEMENT[ ]245 TORT PRODUCT

LIABILITY

[ ]446 AMERICANS WITHDISABILITIES -OTHER

[ )290 ALL OTHERREAL PROPERTY

[ ) 448 EDUCATION

Checkifdemanded in complaint:

CHECK IF THIS IS ACLASS ACTIONUNDER F.R.C.P. 23

OTHER STATUTES

375 FALSE CLAIMS400 STATE

REAPPORTIONMENT

( 1410 ANTITRUST[ ]430 BANKS & BANKING[ )450 COMMERCE[ ]460 DEPORTATION[ ]470 RACKETEER INFLU

ENCED & CORRUPT

ORGANIZATION ACT

(RICO)| ]480 CONSUMER CREDIT[ ]490 CABLE/SATELLITE TV

[ ] 850 SECURITIES/COMMODITIES/

EXCHANGE

f]

[ J890 OTHER STATUTORYACTIONS

| ] 891 AGRICULTURAL ACTS

| J893 ENVIRONMENTALMATTERS

[ J895 FREEDOM OFINFORMATION ACT

| ] 896 ARBITRATION

[ J 899 ADMINISTRATIVEPROCEDURE ACT/REVIEW OR

APPEAL OF AGENCY DECISION

[ I 950 CONSTITUTIONALITY OFSTATE STATUTES

DEMAND $ OTHER

[10 YOU CLAjM THIS CASE IS RELATED TO ACIVIL CASE NOW PENDING IN S.D.N.Y.'

JUDGE DOCKET NUMBER

Check YES only ifdemanded in complaintJURY DEMAND: SYES UiO NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).

(PLACEANx INONEBOXONLY) ORIGIN

S1 Original 2 Removed from Li3 Remanded D 4 Reinstated or 5 Transferred from D 6 Multidistrict 7 Appeal to DistrictProceeding qtatPrn.irt from Reopened (Specify District) Litigation Judge fromState Court from Magistrate Judge

|_| a. all parties represented Hppenaie Judgment

| | b. At least oneparty is pro se.

(PLACEANx INONEBOXONLY) BASIS OF JURISDICTION IF DIVERSITY, INDICATE

1 U.S. PLAINTIFF 2 U.S. DEFENDANT 3 FEDERAL QUESTION S4 DIVERSITY CITIZENSHIP BELOW.(U.S. NOT A PARTY)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

(Place an [X] in one box for Plaintiffand one box for Defendant)

PTF DEF PTFDEF PTF DEFCITIZEN OFTHIS STATE [11 [xj1 CITIZEN ORSUBJECT OFA [ ] 3 [ ] 3 INCORPORATED and PRINCIPAL PLACE [ ] 5 [ ] 5

FOREIGN COUNTRY OF BUSINESS IN ANOTHER STATE

CITIZEN OFANOTHER STATE [x] 2 [ ] 2 INCORPORATED or PRINCIPAL PLACE [ ]4 [ ]4 FOREIGN NATION [ ]6 [ ]6OF BUSINESS IN THIS STATE

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

Clayton Osbon1287 Belle Island Road

Bryan CountyRichmond Hill, Georgia 31324

DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)

JetBlue Airways Corporation27-01 Queens Plaza NorthQueens CountyLong Island City, New York 11101

DEFENDANT(S) ADDRESS UNKNOWNREPRESENTATION IS HEREBY MADETHAT,AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN

RESISENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Check one: THIS ACTION SHOULD BE ASSIGNED TO: WHITE PLAINS [x] MANHATTAN(DO NOTcheck either box ifthis a PRISONER PETITION/PRISONER CIVIL RIGHTSCOMPLAINT.)

DATE 03/27/2015 SIGNAJJJRE-et^ATTORNEY OFJJECORD r\ I ADMITTED TO PRACTICE IN THIS DISTRICT

A, n^^p-^^CUc^ ^ YES (DATE ADMITTED Mo. 10 Yr. 2009 )RECEIPT # ^ Attorney Bar Code * UMr\\\ ~)

Magistrate Judge is to be designated by the Clerk of theijayrt.1T\C$,^HfuHJtfMagistrate Judge is so Designated.

Ruby J. Krajick, Clerk of Court by Deputy Clerk, DATED .

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

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UNITED STATES DISTRICT COURT JL O (\I O Q /-| ,^SOUTHERN DISTRICT OF NEW YORK W ** O |j |jCLAYTON OSBON,

Plaintiff,

-against- juDQE SCH0F1ELD

JETBLUE AIRWAYS CORPORATION,

Defendant.

X

Civ.

COMPLAINT WITH

JURY DEMAND

X -i >-v.t CO

COMPLAINT _ ' z?-- t -'.j i

O'

Plaintiff Clayton Osbon, by his attorneys, Liddle & Robinson, L.L.P., alLsgeslas -rz

follows: oj ~"

THE NATURE OF THE ACTION

1. This is a civil action for damages and remedies based upon breach of

contract and negligence.

JURISDICTION

2. This Court has diversity jurisdiction over this action under 28 U.S.C.

1332.

3. Plaintiff is a resident of Georgia.

4. Defendant is Delaware corporation with is principal place of business and

headquarters in New York.

5. The amount in controversy exceeds $75,000.

THE PARTIES

6. Clayton Osbon ("Plaintiff "Captain Osbon" or "Osbon") is a 52 year old

male resident of Georgia.

7. JetBlue Airways Corporation ("JetBlue") is a Delaware corporation with

its principal place of business in Long Island City.

VENUE

8. Venue is proper in this district under 28 U.S.C. 1391(b) because a

substantial part of the events giving rise to Captain Osbon's claims occurred within the

Southern District ofNew York and Defendant is a resident of this district.

FACTS

9. Captain Osbon is a highly experienced airline captain.

10. Captain Osbon graduated from Nathaniel Hawthorne College in 1987 with

a degree in aeronautical physics.

11. Captain Osbon first received his pilot's license in 1985.

12. Captain Osbon first captained a commercial plane in 1987.

13. Prior to March 27, 2012, Captain Osbon maintained a completely clean

pilot's license and associated medical certificate.

14. Prior to March 27, 2012, Captain Osbon had not received any violations,

fines or other impairments to his pilot's license.

15. Prior to March 27, 2012, the FAA had not taken any negative regulatory

actions Captain Osbon's pilot's license.

16. Captain Osbon was actively employed by JetBlue as a Captain and airline

pilot from 2000 until March 27, 2012 when he was placed on medical leave.

17. Prior to March 27, 2012, JetBlue had never taken any negative

employment actions against Captain Osbon.

18. During his employment with JetBlue, Captain Osbon primarily flew

Airbus commercial airliners.

19. Captain Osbon was an exemplary employee throughout his active

employment with JetBlue.

20. Accordingly, JetBlue made Captain Osbon a Flight Standards Captain who

worked with JetBlue to develop and maintain appropriate safety procedures.

21. Unknown to Captain Osbon, a childhood traumatic head injury damaged

his brain. Captain Osbon fully recovered from the initial injury, except for the unknown

brain damage, and was completely asymptomatic until in or around March 27, 2012.

22. JetBlue failed to identify Captain Osbon's condition prior to March 27,

2012.

23. In or around March 27, 2012, Captain Osbon began to suffer, for the first

time in his life, a complex partial brain seizure.

24. Captain Osbon's seizure severely impaired his ability to perform basic

activities, caused him to hallucinate, and caused extreme feelings of paranoia and

religious fervor.

25. The seizure's symptoms slowly increased over time, causing Captain

Osbon to experience increasing paranoia and religious fervor and correspondingly

decreasing control over his actions.

26. As of March 27, 2012, Captain Osbon was unaware of his propensity for

brain seizures or his brain damage. On March 27, 2012, Captain Osbon was also

unaware that he was undergoing a brain seizure.

27. Throughout the entirety of March 27, 2012, Captain Osbon was unable to

control his actions, and therefore not responsible for his actions, as a result of a brain

seizure.

28. Captain Osbon was scheduled to pilot JetBlue flight 191 ("Flight 191") on

March 27, 2012. The flight was scheduled to depart from John F. Kennedy ("JFK")

airport in Jamaica, New York and to land at McCarran airport in Las Vegas, Nevada.

29. Prior to Flight 191, in accordance with JetBlue's procedures, the flight

crew was scheduled to attend a preflight meeting at JFK.

30. Captain Osbon missed the preflight meeting due to his seizure.

31. JetBlue unsuccessfully called Captain Osbon more than five times, and

otherwise attempted to find Captain Osbon, after he failed to report for the preflight

meeting.

32. March 27, 2012 was the first time in Captain Osbon's 12 years of

employment with JetBlue that he missed a preflight meeting or failed to answer his

cellphone in advance of a flight.

33. Captain Osbon previously flew with many members of Flight 191's crew,

including the First Officer, Jason Dowd. The crewmembers knew Captain Osbon was a

Flight Standards Captain and that he was routinely on time for preflight meetings.

34. In the airline industry, preflight meetings are meant to ensure, among

other things, that the flight crew is afforded the opportunity to assess each other's

behavior and crew member's readiness and fitness to fly.

35. As of March 27, 2012, JetBlue, however, failed to provide proper

mechanisms and guidance for the replacement of unfit crew members.

36. As of March 27, 2012, JetBlue did not instruct its crew members to

request a replacement in the event a crew member failed to attend a preflight meeting.

37. As of March 27, 2012, JetBlue failed to create and implement proper

procedures to ensure that a crew member, and particularly a pilot, who is either

intoxicated, under the influence of narcotics, or otherwise physically or mentally unfit to

fly, is not permitted to fly.

38. Captain Osbon eventually arrived for Flight 191 disheveled and

disoriented.

39. Captain Osbon's uniform, appearance, and demeanor clearly demonstrated

that something was wrong and that he was not fit to fly.

40. Captain Osbon's behavior was highly unusual. Based upon the flight

crew's experience with Captain Osbon, they knew or should have known that something

was wrong and that Captain Osbon was not fit to fly.

41. Shortly after arriving, Captain Osbon went through the required preflight

checklist with First Officer Dowd. Captain Osbon was slow and inefficient in performing

the preflight checks, requiring substantial assistance from First Officer Dowd.

42. Captain Osbon's struggle with the preflight checklist was extremely

unusual and should have caused JetBlue to inquire concerning his fitness to fly. Captain

Osbon's decades of experience rendered the preflight checklist a simple and rote activity.

43. Captain Osbon's fellow crew members, with whom he had repeatedly

flown, knew or should have known that Captain Osbon's struggle with the preflight

checklist demonstrated he was unable to fly.

44. JetBlue knew, or should have known, from Captain Osbon's tardiness,

appearance, and inability to perform simple preflight checks that he was physically and

mentally unfit to fly.

45. JetBlue failed to make any effort to ensure that Captain Osbon was fit to

fly despite clear evidence and warning signs that he required immediate medical

attention.

46. JetBlue nonetheless permitted Captain Osbon to captain Flight 191.

47. During Flight 191, Captain Osbon's actions made it clear he was unable to

perform his duties.

48. Airplanes are required to routinely make radio contact with air traffic

control.

49. Within 10 minutes of takeoff, Captain Osbon missed two or more required

radio check-ins, clearances, and clearance read backs with air traffic control.

50. First Officer Dowd performed these communications after Captain Osbon

failed to respond in accordance with Captain Osbon's duties as the Pilot Monitoring (the

non-flying pilot).

51. After First Officer Dowd responded to multiple aircraft hails, radio

clearances and required clearance read backs, Captain Osbon asked First Officer Dowd,

at or before 8 a.m., if he had missed air traffic control calls. First Officer Dowd

responded that Captain Osbon had in fact missed multiple air traffic control calls.

52. Captain Osbon reacted with surprise. He did not realize that Flight 191

had received multiple air traffic control calls.

53. At this point, Captain Osbon advised First Officer Dowd that he was

clearly unfit to fly, perform his duties as the Pilot Monitoring, and advised First Officer

Dowd that he was no longer able to assist with the flight.

54. Captain Osbon relieved himself of command despite the fact he was in the

midst of brain seizure and rapidly losing touch with reality.

55. JetBlue knew, or should have known, that Captain Osbon was unfit to fly

based upon his actions, inactions, tardiness and appearance.

56. Captain Osbon recognized, even in the midst of a seizure and the

associated impairment of his mental faculties, that there was no justification for him to

simply ignore two required check-ins with air traffic control. Indeed, Captain Osbon did

not even realize the first check-in took place. There is similarly no justification for

JetBlue, and its employees, to fail to recognize Captain Osbon's severely impaired

condition.

57. After Captain Osbon relieved himself of command, he rapidly began to

lose the last limited remaining control over his body and mind.

58. Captain Osbon began to rant and rave about the likelihood of a terrorist

attack, various imagined dangers, and the need for Flight 191's crew and passengers to

embrace religion.

59. Captain Osbon became increasingly belligerent (although not violent) as

his seizure worsened.

60. Nonetheless, JetBlue permitted the flight to continue for approximately 3

additional hours after Captain Osbon advised First Officer Dowd he was unable to

perform his duties before finally diverting, and eventually landing, the plane.

61. JetBlue should have immediately diverted the plane and landed after

Captain Osbon concluded he was unfit to fly and began to rant and rave while still in the

cockpit.

62. JetBlue unnecessarily endangered the lives of Captain Osbon, the crew,

and the 135 passengers by failing to land the plane.

63. If anything had happened to First Officer Dowd during the flight - a

significant possibility since Captain Osbon suffered from his seizure while still within the

cockpit - there would not have been anyone remaining to fly the plane. Indeed, even if

First Officer Dowd simply suffered an unrelated illness it could have been catastrophic.

It is for this very reason commercial flights require two capable pilots.

64. JetBlue's failure is not surprising. As of March 27, 2012, the airline had

failed to implement appropriate safety training and procedures to ensure that its crew

promptly acted to protect against an unstable crew member. Instead, JetBlue maintained

a culture designed to protect the careers of crewmembers that were demonstrably

impaired - whether by alcohol, drugs, or other physical or mental instability or illness.

65. As a result of JetBlue's inaction and lax regulations, Captain Osbon was

permitted to fly, remain on the plane, and indeed remain in the cockpit, while his

condition deteriorated.

66. After losing complete control of his faculties, Captain Osbon left the

cockpit.

67. Captain Osbon ran down the aisles screaming and ranting concerning

imagined terrorism and the need for all on board to embrace religion. During this time,

Captain Osbon lost control of his bodily functions.

68. Several of the passengers recorded Captain Osbon's actions and posted

them to social media sites.

69. The passengers and crew used force to subdue Captain Osbon causing him

to incur physical injuries.

70. When the plane landed, Captain Osbon finally received the medical

treatment he needed.

71. Captain Osbon was subsequently charged with federal crimes including

interfering with a flight crew, punishable by up to 20 years imprisonment.

72. The United States District Court for the Northern District of Texas

determinedthat Captain Osbon was not responsible for his actions during Flight 191. He

was therefore released from custody, and the charges against him dismissed, subject to

certain monitoring conditions, which remain in place.

73. During the criminal inquiry into Captain Osbon's conduct, he surrendered

his pilot's medical certificate at the request of the federal government, including the

Federal Aviation Administration (the "FAA").

74. Without a valid pilot's medical certificate, Captain Osbon cannot pilot a

commercial plane.

75. If Captain Osbon had not surrendered his medical certificate, the FAA

informed him it intended to begin regulatory proceedings to revoke his pilot's license.

76. JetBlue's: (a) failure to establish appropriate safety protocols designed to

ensure its crewmembers are fit to fly; (b) failure to ensure that Captain Osbon was fit to

fly on March 27, 2012; (c) failure to replace Captain Osbon prior to Flight 191's

departure from the gate and ensuing takeoff after he proved unfit to fly; and (d) failure to

land Flight 191 promptly after Captain Osbon proved a danger to himself and others,

caused Captain Osbon significant harm. This harm includes national public

embarrassment through both extensive traditional media coverage and social media

postings, Captain Osbon's arrest, and the destruction of Captain Osbon's career and

future employment prospects.

77. If JetBlue simply replaced Captain Osbon prior to his flight, he would

have privately received the medical treatment he needed without national public

embarrassment, revocation of his medical certificate, criminal charges, and the

destruction of his career and all future employment prospects.

78. Captain Osbon's brain damage and associated seizures were not diagnosed

until several months after his arrest. During this period, while Captain Osbon was still in

the custody of the federal government, he suffered a second seizure.

79. After Captain Osbon was diagnosed with brain damage and seizures in

connection therewith, he was prescribed medication for his condition.

10

80. Captain Osbon has not suffered any seizures while taking his prescribed

medication.

81. Captain Osbon diligently takes his prescribed medication in accordance

with his doctor's instructions.

82. Captain Osbon was advised by his doctors that he will not suffer another

seizure as long as he continues to take his medication.

83. Captain Osbon's doctors have not placed any restrictions upon his

activities based upon his condition.

84. Captain Osbon is presently permitted to drive and retains a driver's

license.

85. As long as Captain Osbon takes his medication, he is fully capable of all

activities without posing any harm to himself or others, including while flying a plane.

86. To this day, a simple internet search for Captain Osbon's name yields a

legion of news articles, pictures and videos discussing in detail the unfortunate events of

March 27, 2012 (that JetBlue failed to prevent), the subsequent trial, and the litany of

passenger lawsuits against JetBlue and Captain Osbon.

87. For the five years prior to Captain Osbon's medical leave, he earned

average annual compensation worth approximately $303,300 plus annual profit sharing

benefits equal to a minimum of 5% of Captain Osbon's annual income, disability,

medical and life insurance benefits, 401k contribution matching, and flight benefits

specifically, Captain Osbon and his immediate family could fly for free on JetBlue flights

and at steep discounts on certain other airlines' flights.

11

FIRST CAUSE OF ACTION

(Breach of Contract)

88. Plaintiff repeats and realleges the allegations contained in the foregoing

paragraphs as if separately set forth herein.

89. The express and implied terms of Captain Osbon's employment by

JetBlue, associated oral and written agreements with JetBlue, and FAA regulations,

nclude the requirement that JetBlue will create and implement appropriate safety

regulations and protocols to ensure that Captain Osbon, and his fellow flight

crewmembers, are fit to fly prior to flying.

90. Prior to March 27, 2012, JetBlue failed to implement appropriate

procedures and safety regulations for the monitoring and replacement of unfit pilots or

other flight crewmembers.

91. On March 27, 2012, JetBlue failed to apply those procedures and

regulations it did implement to prevent Captain Osbon, who was not fit to fly, from

piloting Flight 191.

92. JetBlue's failure to implement and apply appropriate procedures and

regulations to prevent Captain Osbon from flying on March 27, 2012, and to timely

ground the plane after Captain Osbon removed himself from command, caused Captain

Osbon to incur substantial harm. This harm includes, but is not limited to: (a) physical

injury including significant bruising across his wrist, arms, neck and head; (b) a delay in

the treatment of Captain Osbon's brain seizures; (c) imperiling Captain Osbon's life as

well as the lives of the other crewmembers and passengers; (d) the destruction of Captain

Osbon's career and reputation; (g) national public embarrassment; (h) forcing Captain

12

Osbon to defend criminal charges; and (i) forcing Captain Osbon to surrender his pilot's

medical certificate.

93. Captain Osbon seeks damages for the foregoing conduct equal to lost

wages from March 27, 2012 through his expected retirement at age 65 in an amount not

less than $4,852,800 ($303,300 x 16years) plus appropriate increases for promotions and

raises and 9% interest from the date of breach in addition to annual profit sharing benefits

equal to a minimum of 5% of Captain Osbon's annual income, disability, medical and life

insurance benefits, 401k contribution matching, and flight benefits (Captain Osbon and

his immediate family could fly for free on JetBlue flights and at steep discounts on

certain other airlines' flights during his employment and would have been permitted to

following his retirement).

94. Captain Osbon further seeks $2,426,400 for the permanent damage to his

reputation, and $4,852,800 for punitive damages.

95. Captain Osbon further seeks $100,000 for physical injury damages and

$2,426,400for emotional distress damages.

SECOND CAUSE OF ACTION

(Negligence)



97. JetBlue had a duty to Captain Osbon to ensure that each of the members of

its flight crew were fit to fly.

98. JetBlue's failure to ensure that Captain Osbonwas fit for flight dut, caused

Captain Osbon to incur substantial harm. This harm includes, but is not limited to: (a)

13

physical injury including significant bruising across his wrist, arms, neck and head; (b) a

delay in the treatment of Captain Osbon's brain seizures; (c) imperiling Captain Osbon's

life as well as the lives of the other crewmembers and passengers; (d) the destruction of

Captain Osbon's career and reputation; (g) national public embarrassment; (h) forcing

Captain Osbon to defend criminal charges; and (i) forcing Captain Osbon to surrender his

pilot's medical certificate.



less than $4,852,800 ($303,300 x 16 years) plus appropriate increases for promotions and

raises and 9% interest from the date of breach in addition to annual profit sharingbenefits

equal to a minimum of 5% of CaptainOsbon's annual income, disability, medical and life



certain other airlines' flights during his employment and would have been permitted to

following his retirement).




$2,426,400 for emotional distress damages.

THIRD CAUSE OF ACTION

(Negligence)



14

103. JetBlue had a duty to Captain Osbon to ensure he had access to medical

attention if a medical emergency arose. This was particularly true in a circumstance,

such as arose during Flight 191, wherein Captain Osbon was unable to care for himself.

104. JetBlue's failure to timely land Flight 191 after Captain Osbon notified

First Officer Dowd of his impairment and relieved himselfof his responsibilities: caused

Captain Osbon to incur physical injury including significant bruising across his wrist,

arms, neck and head; caused a delay in the treatment of Captain Osbon's brain seizures;

imperiled Captain Osbon's life as well as the lives of the other crewmembers and

passengers; destroyed Captain Osbon's career and reputation; caused Captain Osbon

national public embarrassment; forced Captain Osbon to defend criminal charges and to

surrender his pilot's medical certificate.



less than $4,852,800 ($303,300 x 16years) plusappropriate increases for promotions and

raises and 9% interest from the date of breach in addition to annual profit sharing benefits

equal to a minimum of 5% of CaptainOsbon's annual income, disability, medical and life



certain other airlines' flights).




$2,426,400 for emotional distress damages.

15

WHEREFORE, Plaintiffdemands a trial by jury and judgmentupon each of

his claims against Defendant as follows:

A. compensatory damages, including, but not limited to, back pay,

front pay, in an amount to be determined at trial but in any event

not less than $4,852,800;

B. severance in an amount to be determined to trial, but in any event

not less than $250,000;

C. $2,426,400 forpermanent damage to Captain Osbon's reputation;

D. $4,852,800 for punitive damages;

E. $2,426,400 for emotional distress damages;

F. $100,000 for physical injuries;

G. 9% prejudgment and post-judgment interest; and

H. all such other and further relief as this Court deems just and

proper.

Dated: New York, New YorkMarch 27, 2015

16

LIDDLE & ROBINSON, L.L.P.

Jeffrey L. Liddle, Esq.Matthew J. McDonald, Esq.800 Third Avenue

New York, New York 10022Tel: (212)687-8500Fax:(212)687-1505

Attorneysfor Plaintiff

Osbon v. JetBlue

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