Case Document 1 Entered on FLSD Docket 08/05/2019 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Miami Division Case No: AVIGAIL DIVEROLI Plaintiff, VS. AMERICAN AIRLINES, INC. Defendant. COMPLAINT Page 1 of 12 COMES Now Plaintiff, AVIGAIL DIVEROLI (hereafter ?Plaintiff?) by and through her undersigned counsel, and states its Complaint against the Defendant, AMERICAN AIRLINES, INC. (hereina?er, and alleges the following: PARTIES 1. Plaintiff is a United States citizen who is a permanent resident of Miami?Dade County, Florida, and are otherwise suijuris. 2. United is a foreign corporation organized under the laws of Texas. AA has a principle address of 4333 Amon Carter Blvd., MD5675 FORT WORTH, TX 76155. AA is a common air carrier conducting business in Miami-Dade County, Florida. AA operates ?ights daily in North America throughout the whole United States, and elsewhere around the globe. 3. AA maintains its principle place of business in Fort Worth, Texas and maintains an agent for service of process in Florida. 1 Complaint Law Of?ces of Andre G. Raikhelson Case Document 1 Entered on FLSD Docket 08/05/2019 Page 2 of 12 JURISDICTION 4. This is an action for damages in excess of $75,000, exclusive of interests, costs, attorney?s fees, and combined with the diverse citizenship of the parties is within the subject matter jurisdiction of this Court pursuant to 28 U.S.C. ?1332. 5. Moreover, at all material times, AA is de?ned as an air carrier by 49 U.S.C. ?40102(a)(2), and presumptively held a valid Certi?cate of Public Conveyance and Air Carrier Operating Certi?cate, as set forth in 49 U.S.C. ?41101(a)(1) and 49 U.S.C. ?44705 respectively. rm 6. Venue is proper in this District, pursuant to 28 U.S.C. 1391(b). 7. All Parties as well as the acts and omissions complained of herein occurred and will continue to occur in Miami-Dade County of the Southern District of Florida. 8. Venue is proper in this district, as this district is the commencement and departure point for Plaintiff. Moreover, the incident which gave rise to the Plaintiff? injuries, occurred in Miami?Dade County, Florida. DEMAND FOR JURY TRIAL 9. Plaintiff is entitled to, and hereby respectfully demands, a trial by jury on all counts stated within and any issues so triable. FACTS GIVING RISE TO A CAUSE OF ACTION 10. This is a terrible case where AA completely ignored the mental anguish of a passenger, ignored their own carrier agreement with passengers, and violated every standard of decency. 2 Complaint mm.? mt \mm tantrum? Case Document 1 Entered on FLSD Docket 08/05/2019 Page 3 of 12 11. On or about April 9, 2019, Plaintiff, who is pregnant and suffers from severe anxiety, purchased a business-class ticket from Miami to Los Angeles, California (See Exhibit A). On or about April 17, 2019 a medically necessary comfort animal, a dog by the name of Simba (a picture of which is attached as Exhibit B) was added to reservation. Record for pet WPCORU. 12. Plaintiff was ?ying with her husband, Menachem Mendel Gross and Yoav Botach, Plaintiff 87-year old grandfather who has severe medical issues because of his advanced age. 13. When Plaintiff called AA on April 17, 2019, AA con?rmed that Simba could also ?y business class. Moreover, the night before Plaintiff?s ?ight, Plaintiff again called AA and con?rmed that Simba could sit in the business class cabin because the dog was an emotional support animal. 14. At a certain point, Regina, a ?ight attendant for AA, notices Simba, and screams loudly that the dog is not allowed in the cabin, and that it?s an FAA violation. 15. Regina told Plaintiff that she is ?ling an FAA Complaint. Regina yelled at Plaintiff and her husband the whole trip, even stating so much that the dog is not allowed to be wrapped with an AA blanket]. 16. After more yelling and abusive behavior, Regina takes a picture of the kennel, as well as of Plaintiff, which was without Plaintiff" consent. 17. Mid?ight, Plaintiff is forcefully downgraded, and then moved to a different seat. After Plaintiff voiced her concern, indicating that she has severe anxiety, Regina stated that she does not care, and that everything she was doing was ordered by the 1 Originally, the dog was held on the lap, wrapped in an AA blanket. This is allowed under the AA Carrier Contract for Emotionally Support Animals 3 Complaint Case Document 1 Entered on FLSD Docket 08/05/2019 Page 4 of 12 captain. 18. To make matters worse, Regina informs Plaintiff that her having an emotional support animal is against FAA regulations and that Plaintiff will be ?cuffed? when the plane lands. After terrifying Plaintiff, Regina tells Plaintiff that she needs to lock up Simba in the bathroom for the last hour of the ?ight. 19. Throughout the whole ordeal, other ?ight attendants kept walking over to Plaintiff and apologizing, saying that Regina is a ?sour apple? and that this [animals within the cabin] is a known issue for her. 20. Although being a ?sour apple? is no excuse for traumatizing Plaintiff, Plaintiff did not want to argue and requested a bathroom close to her, as this dog was an emotional support dog and Plaintiff had severe anxiety. Instead, Regina wanted to put him in a very small bathroom. She took the kennel and started slamming the dog, in its kennel, with the door to the bathroom. Plaintiff was horri?ed by this and yelled, ?What are you doing to my dog?? 21. Once Plaintiff landed, she was escorted off the plane by police, leaving her 87- year old grandfather to sit by himself. It should be understood Plaintiff?s 87-year- old grandfather was confused and started getting irate because he did not know what was happening. a. The ?other ?ight attendants? who kept walking over to Plaintiff and apologizing for Regina?s terrible behavior were Brian and Gary, whose badge ID numbers are 345206 and 50972, respectively. 22. After Plaintiff was escorted out by police, Plaintiff?s husband met with a representative from AA named Jamar, who told them that the airline made a 4 Complaint Law Of?ces of Andre Case Document 1 Entered on FLSD Docket 08/05/2019 Page 5 of 12 mistake by letting a kennel that big on the plane, but that Plaintiff should not have been treated that way. 23. Ultimately, the police concluded that this is a private matter, and there was no criminal violation. 24. As Plaintiff?s husband was exiting the airplane, the captain rushed out and yelled, ?Don?t bring that thing on to my plane! You see the belly of the plane, that's where he belongs. You see his belly, he belongs in the belly of the plane. Dogs should not be allowed on the plane.? 25. It should be noted that Plaintiff and her husband have a long and positive history with AA. Plaintiff husband has multiple family members that are part of the Million Mile Club, and Plaintiff?s husband has been ?ying exclusively with AA for over 25 years. 26. To date, Plaintiff has been a nervous wreck, and has been severely distraught. Her anxiety has increased substantially, and she has not yet recovered ?om her mental pain and anguish. 27. As a direct and proximate result of failure to accommodate Plaintiff, Plaintiff sustained serious injuries and damages including, but not limited to, loss of ability to enjoy life, mental disability, past and future medical expenses, and other mental pain and damages. COUNT I NEGLIGENCE (AGAINST AA) 28. Plaintiff re-alleges and readopts Paragraphs one (1) through twenty?seven (27) as if set forth fully herein and further alleges: 5 I Complaint Lam Offices of Amer (.3. Raikhcison Case Document 1 Entered on FLSD Docket 08/05/2019 Page 6 of 12 29. At all times material hereto, the subject, aircraft was operated under the ownership, direction, control, supervision and instruction of AA, by and through its authorized crewmembers, employees, servants, of?cers and/or agents acting in the scope of their agency or employment. 30. As a common canier, AA owed a duty to its passengers, and in particular to Plaintiff, to provide carriage with a degree of care necessary to accommodate Plaintiff if she makes a reasonable request. 31. AA is also duty bound to exercise the requisite degree of care to prevent injury of any kind, and to maintain its aircraft in a safe condition. 32. AA, by and through its authorized crewmembers, employees, servants, of?cers, and/or agents acting in the scope of their agency or employment in the ownership, use, operation, training, control, inspection, repair, maintenance and servicing of the subject aircraft failed to take all necessary measures to avoid the subject accident. In fact, AA exacerbated it. 33. AA committed acts or omissions which demonstrate that it failed to take all necessary measures to avoid the subject accident and breached its duty of care. One such example of this is removing Plaintiff comfort animal. Plaintiff is a pregnant woman with anxiety who was taking care of her 87-year-old grandfather. 34. Plaintiff has endured, and will continue to endure, great pain, suffering, inconvenience, embarrassment, mental anguish and emotional and trauma. 35. Moreover, Plaintiff has been, and will be required to expend, large sums of money for medical treatment and care, rehabilitation and therapeutic treatment, and other 6 Complaint Law Of?ces of Andre Case Document 1 Entered on FLSD Docket 08/05/2019 Page 7 of 12 services. 36. As a direct and proximate result of failure to accommodate Plaintiff, Plaintiff sustained serious injuries and damages including, but not limited to, loss of mobility, loss of ability to enjoy life, disability, past and future medical expenses, and other injuries and damages. II. BREACH OF CONTRACT 37. Plaintiff re-alleges and readopts Paragraphs one (1) through twenty-seven (27) as if set forth fully herein and further alleges: 38. AA has a carrier contract, which can be found at this website: 39. This carrier contract deals with service and emotional support animals, as well as their requirements. 40. requirements are as follows: a. 1 emotional support service animal per person b. Animal must be a cat or dog (trained miniature horse may be permitted as a service animal); 4 months or older c. Animal must be clean and well-behaved (1. Animals must be able to ?t at your feet, under your seat or in your lap (lap animals must be smaller than a 2-year old child) e. If the animal is in a kennel, it must ?t under the seat in front of you with the animal in it 41. Plaintiff? animal meets all of these requirements. Instead of accommodating Plaintiff, AA staff yelled at Plaintiff, called the police on her, and threw her 7 Complaint Law Of?ces of Andre Raikhelson Case 1:19-cv-23251-BB Document 1 Entered on FLSD Docket 08/05/2019 Page 8 of 12 emotional support dog in a bathroom, and repeatedly smashed the door on the dog while inside the kennel because the kennel did not 42. Plaintiff provided AA with advanced notice, and even though AA sta? was abusive to the Plaintiff, the emotional support dog did not bark or growl. 43. The reality is that Plaintiffs animal was in her control, or in the control of her husband, at all times. 44. As such, AA entered into a contract with Plaintiff 45. AA breached that contract by removing the dog from her possession, stuf?ng it . into a bathroom, and causing severe trauma to Plaintiff 46. breach caused the Plaintiff damage, not related to her emotional distress. Obviously, the kennel was damages, and the dog was traumatized by the event. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully request that this Court enter a judgment against Defendant, AMERICAN AIRLINES, INC., for damages together with interest and costs of this suit, along with any other and further relief as this Court may deem just, equitable and proper. Dated: August 5, 2019 Respectfully submitted, Legal Justice Advocates, LLP Law Of?ces of Andre G. Raikhelson 1629 K. Street NW, Suite 300 301 Yamato Road, Suite 1240 Washington, DC 20006 Boca Raton, FL 33431 Telephone: 202.803.4708 Telephone: (954) 895-5566 Email: Email: arlaw@raikhelsonlaw.com Yvette J. Harrell Andre G. Raikheslon Yvette J. Harrell Andre G. Raikhelson Bar Number: 12936 Bar Number: 123657 8 Complaint Law Offices; of Andre Raikhcisnn Case Document 1 Entered on FLSD Docket 08/05/2019 Page 9 of 12 EXHIBIT A PURCHASED TICKET 9 Complaint Law Offices of Andre G. Raikhelson Case Document 1 Entered on FLSD Docket 08/05/2019 Page 10 of 12 -. fa - anentcan AIRLIN I I BOARDING 953i 9 l' 35 runes (Fa! I i I Ski i?fv. _liittittitt were?: nannies? .. ammo pm - mm 1 GROUP 1 SEAI 1. IRST 1 091 2347130165 wru? Case Document 1 Entered on FLSD Docket 08/05/2019 Page 11 of 12 EXHIBIT PICTURE OF SIMBA 10 Complaint Law Of?ces of Andre G. Raikhelson Case Document 1 Entered on FLSD Docket 08/05/2019 Page 12 of 12 544 633$ng Docket 08/05/2019 Page 1 of 1 The 15 44 civil cover sheet and the information contained herein neither replace nor an Element the?ling and service of plead' provided by local rules of court. This finm, approved by the Judicial Conference of the rated Statue In September 1974, is req or other pa era as required by law, except as For the use the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE on next" PA on or was FOWJ NOTICE: Attorneys Indicate All Ito-?led Cases Below. DEFEN DAN TS AMERICAN AIRLINES, INC. 1. PLAINTIFFS AVIGAIL DIVEROLI County of Residence of First Listed Plaintiff MIAMI-DADE (EXCEPT IN U.S. PLAINTIFF C4SES) (C) Attorneys (F I'rm Name, Address, and Telephone Number) Yvette J. Harrell, Legal Justice Advocates, Inc. County ofReeidenee of First Listed Defendant NEW CASTLE (IN U.S. PLAINTIFFCASES ONLY) NOTE Attorneys (If Known) 1629 K. Street NW, Suite 300 Washington, DC 20006 202.290.6671 IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED Check County Where Action Arose: MIAMI-DADE MONROE BROWARD PALM BEACH El MARTIN El sr. LUCIE El INDIAN RIVER OKEECHOBEP. HIGHLANDS II. BASIS OF JURISDICTION (Place an in One Box Only) CITIZENSHIP 0F PRINCIPAL PARTIES (Place an OneBtIx?Jr Plainn'?) (F or Divers-1'01 Cases Only) and One Box for Defendant) [j 1 U.S. Government on 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government No! a Party) Citizen of This State a 1 Incorporated or Principal Place 4 El 4 of Business In This State 2 U.S. Government 4 Diversity Citizen of Another State El 2 El 2 Incorporated and Principal Place 5 5 Defendant (Indicate Citizenship of Parties in Item 111) of Business In Another State Citizen or Subject ofa El 3 3 Foreign Nation 6 El 6 Foreign Country IV. NATURE OF SUIT (Place an in One Box Only) Click here for: Nature of Suit Code Descriptions CONTRACT roars FORFEITUREIPENALTY BANKRUPTCY omen sutures Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizrn'e 422 Appeal Ell USC 158 375 False Claims Act 120 Marine 310 Airplane 365 Personal lndn-y - :1ny 21 USC 881 423 W?llh'?' Will 376 Qui Tam (31 USC 130 Miller Act 315 Airplane Product I?mdml Liability 690 Other 28 USC 157 3729 El 140 Negotiable Liability El 367 Health Carol 400 State Reapportionment El 150 Recovery of Overpayment El 320 Assault, Libel Pharmaceutical PROPERTY RIGHTS 410 Aans' Enforcement of Judgment Slander Personal Injury 820 Copyrights El 430 Banks and Banking 151 Medicare Act 330 Federal Errmloyers? Product Liability 830 Patent . 450 Commerce 152 Recovery of Defaulted Liability El 368 Asbestos Personal gazilj? El 460 Deportation Student Loans El 340 Marine Injury Product 840 Trademark El 470 Racketeer In?uenced and (Excl. Veterans) El 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations El 153 Recovery of Overpayment Liability PERSONAL PROPERTY El 710 Fair Labor Standards El 86] IRA (139511) 480 Consumer Credit Bene?ts 350 Motor Vehicle El 370 Other Fraud Act 862 Black Lung (923) 490 Cable/Sat TV 160 Stockholders? Suits 355 Motor Vehicle El 37] Truth in Lending 720 Relations El 863 (405(g)) 850 Securities/Commoditics;l 190 Other Contract Product Liability 380 Other Personal 740 Railway Labor Act 864 SSID Title XVI Exchange El 195 Contract Product Liability El 360 Other Personal Property Damage 751 Family and Medical 865 RSI (405(g)) 890 Other Statutory Actions I96 Franchise Injury 385 Property Damage Leave Act El 891 Agricultural Acts 362 Personal Injury - Product Liability El 790 Other Labor litigation El 893 Environmental Matters Med. Malpractice El 79] Empl. Ret. Inc. El 895 Freedom of Information REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS Security FEDERAL TAX SUITS Act 210 Land Condemnation 440 Other Civil Rights [Inllm Corpus: El 870 Taxes (U.S. PInintiII El 896 Arbitration 220 Foreclosure 441 Voting 463 Alien. Detainee or Defendant) 899 Administrative Procedure 230 Rent Lease at Ejeennent 442 Enmioynient El ?0 Vacate [3 ?le lgt??md PM 26 Act/Review or Appeal of El 240 Torts to Land ?gmnuiid?glions Other: Agency Decision El 245 Tort Product Liability El 445 Amer. w/Disabilitics - El 530 General IMMIGRATION El gffm?mmhw ?f State 290 All Other Real Property Employment 535 Death Penalty 462 Normalization Application El 446 Amer. wlDisabilitics - 540 Mandamus Other El 465 Other Immigration Other 550 Civil Rights Actions 448 Education 555 Prison Condition 560 Civil Detainee Conditions of Con?nement V. ORIGIN (Place an in One Box Only) . - Transferred from 6 Multidistrict 1 9353531113 El 2 E??fg?i El 3 113:: 4 ORreInstated 5 another district Litigation El 7 Appeal to El 8 D9 Remnnded ??Om Court helow} Reopened District Judge .710? Appellate Court from Magistrate ?Cl Judaism F113 VI. (See instructions): a) Re-?led Case EIYES N0 b) Related Cases EIYES (I NO RE-FILED JUDGE: Cite the U.S. Civil Statute under which you are Ii vu. CAUSE OF ACTION LENGTH OF TRIAL via REQUESTED IN UNDER .R.C-P. 23 ABOVE INFORMATION IS TRUE CORRECT TO THE BEST OF MY KNOWLEDGE DATE SIGNATURE OF ATTORNEY OF REC August 5, 2019 FOR OFFICE USE ONLY RECEIPT AMOUNT JUDGE DOCKET NUMBER: DEMAND 1 JURY DEMAND: linf and Write a Brief Statesman of Cause we not unless diversity): 0 49 USC 35 44705- Negligence; Breach oI'Conlract days estimated (for both sides to try entire case) CHECK IF THIS IS A CLASS ACTION CHECK YES only if demanded in complaint: Case Document 1-2 Entered on FLSD Docket 08/05/2019 Page 1 of 2 A0 440 (Rev. 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Southern District of Florida AVIGAIL DIVEROLI Plaintij?s) . Civil Action No. AMERICAN AIRLIANES, INC. Defendant(s) SUMMONS IN A CIVIL ACTION AMERICAN AIRLINES, INC. (:10 THE CORPORATION TRUST COMPANY CORPORATION TRUST CENTER 1209 ORANGE STREET WILMINGTON, DE 19801 To: (Defendant's name and address) A lawsuit has been ?led against you. Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you are the United States or a United States agency, or an of?cer or employee of the United States described in Fed. R. Civ. P. 12 or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are. YVETTE J, ARRELL, ESQ. LEGAL JUSTICE ADVOCATES, LLP 1629 K. STREET NW. SUITE 300 WASHINGTON, DC 20006 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must ?le your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk 0r Deputy Clerk Case Document 1-2 Entered on FLSD Docket 08/05/2019 Page 2 of 2 A0 440 (Rev. 06/12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be ?led with the court unless required by Fed. R. Civ. P. 4 This summons for (name of individual and title, ifany) was received by me 011(date) CI I personally served the summons on the individual at galace) on (date) or El I left the summons at the individual?s residence or usual place of abode with (name) a person of suitable age and discretion who resides there, on (date) - and mailed a copy to the individual?s last known address; or I served the summons on (name of individual) who is designated by law to accept service of process on behalf of (name of organization) on (date) or CI I returned the summons unexecuted because or [3 Other (speci?l): My fees are $1 for travel and for services; for a total of o_oo I declare under penalty of perjury that this information is true. Date: Server ?3 signature Printed name and title Server '3 address Additional information regarding attempted service, etc: