The manager of a construction-materials firm who broke her right ankle during an emergency escape from a United Airlines jetliner that had an engine fire is seeking US$132,000 in compensation for medical treatment, care and wage losses from the airline.
Lawyers for Chicago-headquartered United, which uses Shanghai as its China base, said the airline is willing to pay a settlement to Lu Hong, but what Lu is seeking is way out of line for her injury.
A medical examination ordered by Shanghai Jing'an District Court revealed that Lu, 48, manager of Guofeng Plastic Industry Co. Ltd. in Hefei, suffered a Grade-Eight injury, just two levels higher than the least severe injury on a 10-tier scale, said Jin Yulai, an attorney for United.
The court held its first hearing on Lu's lawsuit last week.
On May 12, 1998, Lu's United flight from Honolulu to Hong Kong was on the ground at Kansai International Airport in Osaka, Japan. The jetliner was being refueled when its left engine caught fire. During the evacuation, Lu broke her ankle and was taken to Hong Kong for treatment.
She was transferred to Anhui Province Hospital on May 16. She underwent surgery 15 days later and again on December 10, 1998.
Lu's attorney, Duan Aiqun, said her lawsuit is in accordance with the 1995 Kuala Lumpur Convention that set the maximum liability at US$132,000 for airline-related accidents.
But United wants to use the 1929 Warsaw Convention under which liability does not exceed US$75,000.
"The case should follow the convention agreement signed most recently, not the one issued long ago," Duan said.
"Lu's demand is reasonable. She still has difficulty walking for more than 20 minutes. If she does, the ankle will swell. Most troublesome, Lu is walking lamely and probably won't recover completely," Duan said.
Her long-term treatment and rehabilitation means she won't be able to work, depriving her of a monthly salary of 10,000 yuan (US$1,205), Duan added.
Jin said: "When Lu first contacted us, she planned to seek US$870,000, claiming that represented her actual losses as a result of her injury. She even asked United to pay the equivalent of her salary from this May to May 2007 - that's 730,000 yuan - because, she said, she will have to undergo further treatment and rest at home."
(Eastday.com.cn 08/20/2001)
