A pilot for an aircraft rental service who allegedly slammed a hand of a flight attendant against a hard surface during a flight is challenging the service of the lawsuit and summons upon him, saying he lives in and works out of Florida with no ties to California.
Pilot Stephen Barnhouse, who flies for Vista America, filed court papers on June 1 with Los Angeles Superior Court Judge William E. Weinberger in advance of a Sept. 18 hearing asking him to quash the summons performed in California by a process server on behalf of plaintiff Rosette Aquino, who is suing both Barnhouse and the airline.
“Any presence I have had in California has been solely in connection with my employment as a pilot,” according to a sworn declaration by Barnhouse, who further states that he resides in Vero Beach, Florida, is based in that state and that any presence he has had in California has been “solely in connection with my employment as a pilot.”
Barnhouse says that asking him to defend the lawsuit in California would impose a “significant personal and financial burden.”
In their court papers, Aquino’s attorneys contend a California court has personal jurisdiction over Barnhouse because the alleged assault against the plaintiff occurred in California.
According to her lawsuit, Aquino was hired by Vista America as a flight attendant and hostess after having previously worked in the same capacity for JetBlue. Her duties included ensuring safety for crew and passengers, providing service, checking inventory, cleaning the aircraft and assisting customers with luggage.
Prior to the alleged Oct. 21, 2024, assault by Barnhouse on Aquino, he had shown a “pattern of hostile and demeaning conduct specifically directed toward female cabin crew,” according to the suit, which describes the alleged mistreatment as “condescension, aggression and disrespect” that was not demonstrated to male employees.
On the day of the alleged attack on the plaintiff by Barnhouse he left the flight deck in control of the first officer on a flight from Los Angeles International Airport to a federal airfield in Mountain View and entered the cabin, where Aquino was using her phone to conduct an inventory, the suit states. Over Aquino’s calm objections, Barnhouse began vacuuming and taking cleaning supplies from the plaintiff’s galley, the suit further states.
While Aquino was working on a galley table, Barnhouse reached down and grabbed her right hand and wrist, the suit states. The five-foot, two-inch Aquino tried to break free, but he held on and flung her hand down so hard that her wrist struck the table, leaving her in pain, according to the suit.
Aquino was shaking so much she could not type on her phone, the suit further states. An internal investigation into her complaints ended with a finding of “conclusive evidence to support some of the claims made” and that “some of the allegations could be substantiated,” but Vista America declined to tell the plaintiff if any actions were taken against Barnhouse and Aquino believes he continued working there “for some period after the assault and was not terminated.”
Aquino will need ongoing treatment of her wrist and she also “suffered significant mental distress and trauma” from the alleged assault, the suit filed April 2 states.