CLAIM FILED FOR $3 MIL. DODGERS SUED, THEN COUNTERSUE.Byline: Brian Dohn Staff Writer The Delta Air Lines flight attendant who said she was injured when a player fell on her during a Dodgers charter flight in July 2000 is seeking $3 million in compensatory damages A sum of money awarded in a civil action by a court to indemnify a person for the particular loss, detriment, or injury suffered as a result of the unlawful conduct of another. from the team, her lawyer said Thursday. The Dodgers, in turn, countersued Delta Air Lines, stating the carrier is responsible for what takes place on chartered flights. In addition, the attorney for Sandra Komine said an out-of-court settlement An agreement reached between the parties in a pending lawsuit that resolves the dispute to their mutual satisfaction and occurs without judicial intervention, supervision, or approval. was reached with former Dodgers pitcher Carlos Perez for $150,000 for his role in the incident, which took place July 2, 2000, on a flight from San Francisco San Francisco (săn frănsĭs`kō), city (1990 pop. 723,959), coextensive with San Francisco co., W Calif., on the tip of a peninsula between the Pacific Ocean and San Francisco Bay, which are connected by the strait known as the Golden to Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850. . According to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. Komine's attorney, Bruce Brusavich, the Dodgers also could be responsible for punitive damages Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. in the case, and the actions of Perez and former shortstop Kevin Elster Elster played for six different ballclubs during his career: the New York Mets (1986-1992), New York Yankees (1994-1995), Philadelphia Phillies (1995), would be admissible. ``I can't lose this case,'' Brusavich said. ``Once the dispute between the Dodgers and Delta is worked out, I think it can get it settled (out of court). But it could go to a trial.'' The dispute between the Dodgers and Delta will be heard Dec. 12 by Judge Emily Elias in Los Angeles Superior Court. A tentative trial date for Komine's lawsuit is set for Jan. 6. ``The case involves confidential information Noun 1. confidential information - an indication of potential opportunity; "he got a tip on the stock market"; "a good lead for a job" steer, tip, wind, hint, lead that we, as an organization, cannot respond to publicly,'' Dodgers senior vice president Derrick Hall
 This article or section is written like an . said.
Christine Frias, a spokesperson for Delta, confirmed a case involving the Dodgers was in litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. . However, Frias said Delta's policy is not to comment on such matters. Brusavich said Komine underwent two neck surgeries as a result of the incident on the charter, and that she would never return to work as a flight attendant. According to Brusavich, Komine was injured after several players ignored instructions to buckle their seatbelts upon landing. A letter from Delta to the Dodgers dated July 7, 2000, and obtained by the Daily News, states a player who ignored instructions to sit during landing and on touchdown was thrown forward into the back of Komine's seat, and she was ``smashed into the seats directly in front of her smashing her head and neck.'' Brusavich said: ``Elster fell on her when the plane landed because he wouldn't put his seat belt on.'' The letter also states Perez pulled a flight attendant's hair and shoved his fist and ``ground it into the forehead'' of a flight attendant. When the suit was filed in June 2001, it also alleged Perez threatened Komine with a .45-caliber gun he had in his carry-on bag. Ten days after the flight in question, then-Dodgers general manager Kevin Malone sent out an organization-wide memo. According to a memo dated July 17, 2000, and obtained by the Daily News, Malone wrote, ``if any of the FAA rules are broken, especially the issue concerning firearms on the plane ... it will return to the terminal and the person guilty of any violation will be removed'' from the plane. Brusavich said the $3 million was for compensatory damages to cover the surgeries, medical ailments and pain and suffering. Punitive damages could be awarded by a jury. Neither the Dodgers nor Frias would respond to the comments made by Brusavich. ``Naturally, we would not get into who is responsible or a public debate into certain aspects of the case until a judgment has been rendered,'' Hall said. |
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