A pilot for an aircraft rental service who allegedly slammed a hand of a flight attendant against a hard surface will have to defend himself in a lawsuit filed by the plaintiff in California, even though he lives and works in Florida and contended he had no ties to the Golden State, a judge has ruled.
Pilot Stephen Barnhouse, who flies for Vista America, previously filed court papers with Los Angeles Superior Court Judge William Weinberger asking the judge 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.
On Friday, Weinberger denied the motion to quash.
“The court finds that factors weigh in favor of litigation in California,” Weinberger wrote. “Plaintiff alleges that she was assaulted in California. California has an interest in resolving this dispute in California because plaintiff sustained her injuries in California.”
Barnhouse acknowledged that the alleged attack occurred in California airspace, the judge further wrote.
In a sworn declaration, Barnhouse said that any presence he has had in California has been solely in connection with his employment as a pilot. He said he lives in Vero Beach, Florida, and is based in that state.
Barnhouse contended that asking him to defend the lawsuit in California would impose a “significant personal and financial burden” while also noting that Aquino herself lives in Florida.
In their court papers, Aquino’s attorneys contended 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, Barnhouse 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 5-feet-2-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 filed April 2.