The three attendants cooperated, but the matter ultimately ended in a fizzle. "We did not take any action against the pilot in the case you referenced," FAA spokesman Ian Gregor wrote me in an e-mail. "I cannot comment on the allegations, other than to say that we were unable to substantiate them. Please note that this does not necessarily mean that we doubted the word of the flight attendants.
"It simply means that we were unable to prove the allegations."
Victor J. Palagano III
Paula Walker, Brian Shunick, and Sue Burris haven't exactly gotten a hero's welcome at US Airways.
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Gannon obviously saw things differently. According to the lawsuit he would file against Walker, Shunick, and Burris, he was forced to hire an attorney. Although the FAA dropped its claims in March 2006, it cost him $21,770 in legal fees, only part of which was reimbursed by the FAA.
Gannon acknowledged that he did, ultimately, observe a "small patch of ice on the right wing." And he did, eventually, decide it was "best to err on the side of caution by having the aircraft de-iced."
But in court filings, Gannon insists he never violated protocol and, contradicting Walker's testimony, claims he was never approached by the flight attendants before the call from Sue Burris.
Even though his legal bills from the FAA investigation were $21,000, Gannon sued the flight attendants for 100 times that — a staggering $2 million.
Gannon initially alleged defamation, tortious interference, and intentional infliction of emotional distress. The judge tossed out the latter two claims but left the defamation claim. Now it could end up in trial.
The flight attendants' lawyer, Pearson, has appealed to higher courts, arguing that their statements must be protected from litigation — they spoke up as part of their official duties, in order to keep passengers safe. But the courts have refused to get involved at this point.
So the legal proceedings drag on. If they keep going, the flight attendants could be on the hook for a sum well into six figures.
All three have already refinanced their homes. They have no idea where to get more money in this economy, much less enough for a trial. They're desperate enough to set up a Web site, hoping for donations and support.
They feel they're out of options.
Their union has filed a grievance, arguing that US Airways simply must pick up the cost of the flight attendants' legal defense. But the company is taking the position that the flight attendants lied — never mind that their actions may well have saved the flight from disaster.
A company spokesman declined comment, noting that the airline isn't a party to the suit. But if anything had gone wrong that day, you can bet it would have been a party to it. You'd think it would want to reward the flight attendants who came forward . . . not protect the pilot who grudgingly agreed to cover his ass.
"At the end of the day, they're taught to take whatever measures are necessary to protect the passengers and themselves," attorney Pearson points out.
And that's exactly what these three brave flight attendants did. Thank God. That's something we should honor. And we should expect — no, demand — that any airline we entrust with our lives does the same.