法律的邊界在哪裡?
西風東漸以來,中國人以為法是萬應良藥,把法當成了神聖不可侵犯的上帝,在這
種信仰面前,人成了法的奴僕,這不正常。美聯航的Settlement是一個很好的個案,
真正的贏家是美聯航,估計是大股東施壓的結果,人治在關鍵時刻起作用。假使美
聯航真被起訴,無論輸贏都是輸,如果贏了輸得更慘,因為人心大過法律。
United Airlines Reaches Settlement With Passenger Who Was Dragged Off Plane
David Dao, the doctor who was seen being dragged off a United Airlines jet
this month in videos that sparked widespread outrage, has reached a settlement
with the airline for an undisclosed amount, his lawyers said on Thursday.
The April 9 episode had stoked the fears and frustrations of airplane passengers
everywhere and became a public relations nightmare for United.
On Thursday, both sides welcomed what they hoped would be the end of the
ordeal.
“Mr. Munoz said he was going to do the right thing, and he has,” Thomas
A. Demetrio, one of Dr. Dao’s lawyers, said of Oscar Munoz, United’s chief
executive. “In addition, United has taken full responsibility for what
happened on Flight 3411, without attempting to blame others, including the
City of Chicago. For this acceptance of corporate accountability, United
is to be applauded.”
Charles Hobart, a United spokesman, confirmed the settlement.
“We are pleased to report that United and Dr. Dao have reached an amicable
resolution of the unfortunate incident that occurred aboard flight 3411,”
he said in an email. “We look forward to implementing the improvements
we have announced, which will put our customers at the center of everything
we do.”
Earlier on Thursday, United announced several steps to prevent such episodes
from recurring and said that passengers who had arrived on an aircraft shouldn’
t have to give up their seats. The airline said it would create a new check-in
process that would allow passengers to volunteer to give up their seats
for compensation, and increased the limit of that compensation to $10,000
from $1,350.
United had previously announced that it would no longer ask law enforcement
officers to remove passengers from its planes over booking issues, and that
crew members would not replace boarded passengers.
“I hope other airlines will follow United’s lead,” Mr. Demetrio said
in an interview on Thursday. “I have gotten an amazing number of emails
from people with tales of woe, and it was not limited to United Airlines.
So passenger service is an industrywide issue, and here United has laid
the groundwork for the other airlines on what needs to be done.”
“I’ve read enough of people’s issues with the airlines to see that it’
s real simple if the passengers are just treated kindly, even if they’re
not always right,” he added.
Faced with a public relations crisis, United has offered a series of intensifying
apologies since Dr. Dao suffered a concussion and a broken nose, and lost
two teeth, as he was forcibly removed from a flight he had paid for. United
said it needed the seat for an airline employee.
Mr. Demetrio said that Dr. Dao is planning to have surgery on his nose.
He also said that he believed that United never had any legal basis to remove
Dr. Dao from his seat.
A United report released on Thursday suggested the airline needs to become
more customer-friendly. The company said it plans to reduce how many flights
it overbooks ─ a common airline practice that ensures there are as few
empty seats as possible ─ and create a call center to handle overbooking
problems.
It also said it would pay customers $1,500 if it loses their bags.
The uproar may have cost Mr. Munoz a planned promotion to the role of chairman
of the company that runs United Airlines. United Continental Holdings said
last week it would adjust its compensation program for senior executives
to make it “directly and meaningfully tied to progress in improving the
customer experience.”
https://www.nytimes.com/2017/04/27/business/united-david-dao-settlement.html?_r=0