American Airlines has responded to a lawsuit filed by a social media travel influencer who alleges she was left in “emotional devastation” by the behavior of a drunk female passenger who was allowed to board the same aircraft as the plaintiff, with the airline citing several defenses including assumption of the risk.
Angelica Jensen’s Torrance Superior Court lawsuit alleges assault, battery, negligence and both intentional and negligent infliction of emotional distress. Jensen seeks unspecified compensatory and punitive damages.
“That the perils or dangers, if any, existing at the time of plaintiff’s alleged injuries, if any, were open and obvious and known to plaintiff who nevertheless conducted herself in such a manner so as to expose herself to said perils and dangers, if any, and by so doing, assumed all the risks…,” AA attorneys argue in court papers filed Wednesday with Judge Gary Y. Tanaka.
The airline lawyers also maintain that punitive damages are “not available” for the claims Jensen asserts.
Jensen, 24, is active on Instagram and TikTok. She reviews travel locations for prospective visitors, according to the suit, which further states her expenses are financed by businesses such as hotels and restaurants in locations worldwide in exchange for her commentary and videos with the expectation of drawing more business.
Jensen and a female friend had first-class seats for an AA flight in January from Los Angeles to Las Vegas and were chatting after boarding when a woman, identified in the suit only as Jane Doe, sat behind them, the suit filed July 6 states.
“Plaintiff and friend almost immediately noticed that Jane Doe was exhibiting obvious behaviors indicative of being under the influence of alcohol and/or other substances,” the suit states.
The flight was delayed about two hours due to maintenance issues, according to the suit. Despite Jane Doe’s obvious intoxication, AA flight attendants allegedly continued to serve her alcohol.
Jensen and her companion reluctantly agreed to Jane Doe’s request to join their conversation, after which Doe made numerous inappropriate comments, including that she has a “wealthy Jewish husband” and that she regularly flies on private aircrafts, the suit states.
A flight attendant who saw Doe begin stroking Jensen’s friend’s hair and one of her arms took no action and instead said, “Oh, hell no,” before walking away, according to the suit, which further states that Doe began dancing in the aisle as the flight prepared for takeoff.
Although passengers were told to remain in their seats during departure, Doe, significantly larger than Jensen, sat on her lap and groped her, the suit alleges.
No member of the flight crew responded to Jensen’s pleas for assistance, but one flight attendant told the plaintiff that she regretted not removing Doe from the flight before takeoff and she advised Jensen to file a police report when they reached Las Vegas, the suit states.
“Upon arrival in Las Vegas, plaintiff’s state of shock transitioned to a state of emotional devastation,” according to her suit, which further states that Jensen reported what happened to both Las Vegas police and the FBI.
As a result of Jensen’s experience, the plaintiff no longer feels safe traveling on a commercial airline, even to visit her father, and she has been unable to progress in her profession as a travel influencer, the suit states.
Jensen attends counseling sessions to help her deal with panic attacks and other mental trauma and she and her boyfriend have experienced “significant reductions in their ability to maintain a healthy romantic connection,” according to the suit.