ORLANDO – A tetraplegic Canadian woman claims she suffered severe physical injuries after ground handlers were “inadequately trained” and dropped her during a transfer at an Orlando airport.
Plaintiff Brianna Seewald filed her lawsuit January 10 in U.S. District Court for the Middle District of Florida, Orlando Division.
The named defendants are WestJet Airlines Ltd., Falcon Airport Services LLC, Greater Orlando Aviation Authority, Henry Cozamo Saenz, Noberto Brito Sepulve, and John Does 1-10.
WestJet operates commercial airline services between Canada and the U.S. Falcon provides ground handling services, including wheelchair assistance and boarding assistance for passengers with disabilities, at Orlando International Airport. Greater Orlando Aviation Authority, or GOAA, is a state agency and operates the airport.
Both Saenz and Sepulve were employed by Falcon as wheelchair assistants or ground handlers at the airport.
“Plaintiff requires a wheelchair for mobility and cannot walk or stand without assistance,” her 28-page complaint states. “Plaintiff requires specialized assistance for air travel, including the use of an aisle chair and trained personnel to safely transfer her between her personal wheelchair, the aisle chair, and the aircraft seat.
“Ms. Seewald requires two transfers: one on the jet bridge into the aisle chair, and then again
from the aisle chair into the plane seat.”
Seewald is an incomplete quadriplegic, or tetraplegic. Tetraplegics typically have paralysis affecting all four limbs caused by damage to the cervical spinal cord, but retain some sensation or motor function below the level of injury.
As she explains in her complaint, an aisle chair is a narrow wheelchair specifically designed to fit down the aisle of an aircraft. Passengers with mobility disabilities who cannot walk are transferred from their personal wheelchairs to aisle chairs at the aircraft door, then wheeled down the narrow aircraft aisle to their seat, where they are transferred from the aisle chair to the aircraft seat.
“This process requires trained personnel who understand proper transfer techniques, securement procedures, and the particular vulnerabilities of passengers with paralysis and other mobility impairments,” the filing notes.
Seewald contends that due to her paralysis, she has limited trunk control and cannot brace herself or protect herself from falls.
“If not properly secured in an aisle chair, Plaintiff is at severe risk of falling and injury,” the complaint states. “Plaintiff is particularly vulnerable to head and neck injuries because she cannot use her arms and hands to catch herself or protect her head in the event of a fall.”
Seewald claims she was “catastrophically dropped” on Jan. 12, 2024 during a boarding assistance transfer at Orlando International Airport, while attempting to board WestJet Airlines Flight WS 1349.
She argues that Saenz and Sepulve were not only “inadequately trained,” but following the incident – when asked for their identification – they attempted to cover their badge numbers.
Seewald contends the action demonstrated “consciousness of guilt and a blatant disregard for accountability.”
“Despite Plaintiff's repeated communications regarding her disability and specific assistance requirements, Defendants' agents and employees failed to secure Plaintiff properly in the aisle chair, ignored her explicit refusals and safety concerns, and proceeded with a dangerous transfer that resulted in Plaintiff falling and striking her head with substantial force against the aircraft,” the filing states.
Saenz and Sepulve’s physical contact and handling of her – without her consent, she notes – was “harmful and offensive,” Seewald alleges.
“The Defendants' gross negligence, failure to properly train personnel, and willful disregard for Plaintiff's explicitly communicated disability accommodation needs caused Plaintiff to suffer a traumatic brain injury, including a concussion, vestibular dysfunction, soft tissue injuries, and severe exacerbation of her pre-existing post-traumatic stress disorder,” the lawsuit alleges.
In addition, as a direct result of the physical trauma, Seewald alleges she suffered a miscarriage and was forced to postpone her honeymoon.
“Although Plaintiff was eventually able to take her honeymoon, the delay itself and the fear and hesitation she experienced around traveling again demonstrate the ongoing psychological impact of Defendants’ conduct on Plaintiff’s life,” the lawsuit states.
She contends the defendants’ conduct constitutes violations of the Montreal Convention, the Americans with Disabilities Act, the Rehabilitation Act of 1973, and Florida law.
The Montreal Convention, adopted in May 1999, creates unified rules for airline liability in cases of passenger death or injury, baggage loss or damage, and cargo issues.
Seewald seeks compensatory damages from the defendants, and punitive damages from Falson, Saenz, Sepulve, and John Does.
She also seeks injunctive relief requiring the defendants implement “proper training and procedures” for the safe handling of passengers with disabilities, attorneys’ fees, and pre-judgment and post-judgment interest.
Miami-based Eisenberg & Baum LLP is representing Seewald in the lawsuit.
