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Two Seats Needed? 300-Pound Woman Sues Airline

Woman Removed From Plane After Refusing To Buy Second Ticket

POSTED: Wednesday, February 8, 2006
UPDATED: 11:25 am CST February 8, 2006

A discrimination trial began Tuesday in the case of a 300-pound Exeter, N.H., woman who sued Southwest Airlines after she was kicked off a flight when she refused to purchase two seats for herself.

Much of Nadine Thompson's original complaint was thrown out by a federal judge on Monday. But her attorneys said that they believe they still have a strong case.

"I'm hoping that justice will be served and hoping to get a fair case," Thompson said. "It's been painful."

In June 2003, Thompson boarded a Southwest flight to Nashville. Seeing that her legs and hip protruded onto the next seat, a supervisor told Thompson she'd have to purchase another ticket.

The airline has a standard policy for "customers of size," but Thompson said no one at the ticket counter mentioned it. She said that she showed that she could safely put down the armrest and refused to buy another seat.

While being removed by security, Thompson said that she told other passengers she was being kicked off, "either because I'm too fat or too black or just a woman."

After Thompson was escorted off the Southwest Flight by sheriff's deputies, she went to United Airlines to buy another fare. She said she was only charged for one seat.

The judge ruled that there wasn't enough evidence to sustain claims of racial bias or emotional distress. Thompson will have to argue that Southwest employees deliberately misapplied the airline's policy.

Although it is a more narrow argument, her lawyers said they think it's their best one.

"We're now very, very happy that we have eight jurors seated so Nadine can tell her story of discrimination," attorney Alfred Saggese Jr. said.

An attorney for Southwest Airlines declined to comment. The trial was expected to run through the week.

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