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15 CV 2306

JS 44C/SDNY
REV. 4/2014

CIVIL COVER SHEE

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of

pleadings or otherpapersas required bylaw, exceptas provided bylocal rulesofcourt. This form, approved bythe
Judicial Conference of the United States in September 1974, is required for use of the Clerk of Court for the purpose of
initiating the civil docket sheet.
PLAINTIFFS

JUDGE SCHOFIELD

Clayton Osbon

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER


Matthew J. McDonald, Liddle & Robinson, L.L.P., 800 Third Avenue, 8th
Floor, New York, New York 10022

DEFENDANTS

JetBlue Airways Corporation

ATTORNEYS (IF KNOWN)


Matthew Steinberg, Akerman LLP, 666 Fifth Avenue, 20th Floor, New York,
New York 10103

CAUSE OF ACTION (CITETHE U.S. CIVIL STATUTE UNDERWHICH YOU ARE FILING ANDWRITE A BRIEF STATEMENTOF CAUSE)

!AR 2 7 2015

(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

Has this action, case, orproceeding, orone essentially the same been previously filed in SDNY atany time? NoEres LJjudge Previously Assigned
Ifyes,wasthis case Vol. fj Invol. fj Dismissed. No [~J Yes [~J If yes, give date
IS THIS AN INTERNATIONAL ARBITRATION CASE?

No [x]

&Case No.

YeS [~J
NATURE OF SUIT

(PLACE AN [x] IN ONEBOXONLY)

ACTIONS UNDER STATUTES

PERSONAL INJURY

CONTRACT

PERSONAL INJURY

FORFEITURE/PENALTY

BANKRUPTCY

OTHER STATUTES

[ ] 422 APPEAL

f]400 STATE

[ ] 367 HEALTHCARE/
[]110
[]120
[J 130
[]140
i 1150

INSURANCE
MARINE

MILLER ACT

[ ] 320 ASSAULT, UBEL&

RECOVERY OF

[ I 330 FEDERAL

M190
[ J195

LIABILITY

[ I 340 MARINE
[ ] 345 MARINE PRODUCT

DEFAULTED

| J 350 MOTOR VEHICLE


[ ) 355 MOTOR VEHICLE

RECOVERY OF
OVERPAYMENT
OF VETERAN'S
BENEFITS
STOCKHOLDERS
SUITS

[ ]240
[ ]245
[ )290

INJURY/PRODUCT LIABILITY

| 1365 PERSONAL INJURY


PRODUCT LIABILITY

[ ] 368 ASBESTOS PERSONAL


LIABILITY

375 FALSE CLAIMS

28 USC 158

[ ] 423 WITHDRAWAL
28 USC 157

PROPERTY RIGHTS

REAPPORTIONMENT

(
[
[
[
[

1410 ANTITRUST
]430 BANKS & BANKING
)450 COMMERCE
]460 DEPORTATION
]470 RACKETEER INFLU
ENCED & CORRUPT

| l 820 COPYRIGHTS
I I 830 PATENT
[ J 840 TRADEMARK

[ 1370 OTHER FRAUD


[ ] 371 TRUTH IN LENDING

PRODUCT LIABILITY

SOCIAL SECURITY

ORGANIZATION ACT

(RICO)
| ]480 CONSUMER CREDIT
[ ]490 CABLE/SATELLITE TV

[ ] 850 SECURITIES/

] 360 OTHER PERSONAL


INJURY

[ 1362 PERSONAL INJURY MED MALPRACTICE

| ] 380 OTHER PERSONAL

( ] 385 PROPERTY DAMAGE

( j862 BLACK LUNG (923)


| ] 710 FAIR LABOR

PRODUCT LIABILITY

STANDARDS ACT

[ ) 720 LABOR/MGMT

ACTIONS UNDER STATUTES


CIVIL RIGHTS

[ 1440 OTHER CIVIL RIGHTS


(Non-Prisoner)
[ J441 VOTING
[ 1442 EMPLOYMENT
[ J 443 HOUSING/
ACCOMMODATIONS

I ]445 AMERICANS WITH


DISABILITIES EMPLOYMENT

VACATE SENTENCE
28 USC 2255

[ I 530 HABEAS CORPUS


[ ] 535 DEATH PENALTY
[ J 540 MANDAMUS & OTHER

[ J863 DIWC/DIWW (405(g))


[ ] 864 SSID TITLE XVI
( ] 865 RSI (405(g))

[ J 890 OTHER STATUTORY

RELATIONS

ACTIONS

[ ) 740 RAILWAY LABOR ACT


( ] 751 FAMILY MEDICAL
LEAVE ACT (FMLA)

[ ] 790 OTHER LABOR


LITIGATION

I ]791 EMPL RET INC


SECURITY ACT
IMMIGRATION

PRISONER CIVIL RIGHTS

( J 462 NATURALIZATION
[ I 550 CIVIL RIGHTS

[ j555 PRISON CONDITION

COMMODITIES/
EXCHANGE

[ ]861 HIA(1395ff)

LABOR

PROPERTY DAMAGE

[ ] 463 ALIEN DETAINEE


[ J 510 MOTIONS TO

LAND

[ ] 690 OTHER

PERSONAL PROPERTY

CONTRACT
CONTRACT
PRODUCT
LIABILITY

CONDEMNATION
FORECLOSURE
RENT LEASE &
EJECTMENT
TORTS TO LAND
TORT PRODUCT
LIABILITY
ALL OTHER

SEIZURE OF PROPERTY
21 USC 881

INJURY PRODUCT

PRISONER PETITIONS

REAL PROPERTY

[ J 220
[ ] 230

LIABILITY

PHARMACEUTICAL PERSONAL , , 625DRUG RELATED

OTHER

[ ] 196 FRANCHISE

[ ]210

EMPLOYERS'

ENFORCEMENT

(EXCL VETERANS)

[ J 160

SLANDER

OF JUDGMENT
MEDICARE ACT
RECOVERY OF
STUDENT LOANS

[ ]153

LIABILITY

NEGOTIABLE
INSTRUMENT
OVERPAYMENT &

[]1
[]152

[ )310 AIRPLANE
[ I 315 AIRPLANE PRODUCT

APPLICATION

( ] 465 OTHER IMMIGRATION

[ J 560 CIVIL DETAINEE

| ] 891 AGRICULTURAL ACTS


FEDERAL TAX SUITS

| ] 870 TAXES (U.S. Plaintiff or


Defendant)
[ ] 871 IRS-THIRD PARTY

| J 893 ENVIRONMENTAL
MATTERS

[ J 895 FREEDOM OF
INFORMATION ACT

26 USC 7609

| ] 896 ARBITRATION
[ J 899 ADMINISTRATIVE
PROCEDURE ACT/REVIEW OR
APPEAL OF AGENCY DECISION

[ I 950 CONSTITUTIONALITY OF
STATE STATUTES

ACTIONS

CONDITIONS OF CONFINEMENT

[ ] 446 AMERICANS WITH


DISABILITIES -OTHER

[ ) 448 EDUCATION

REAL PROPERTY

Checkifdemanded in complaint:

CHECK IF THIS IS ACLASS ACTION


UNDER F.R.C.P. 23

DEMAND $

OTHER

[10 YOU CLAjM THIS CASE IS RELATED TO ACIVIL CASE NOW PENDING IN S.D.N.Y.'
JUDGE

DOCKET NUMBER

Check YES only if demanded in complaint

JURY DEMAND: SYES UiO

NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).

(PLACEANx INONEBOXONLY)

S1 Original

Proceeding

ORIGIN

2 Removed from

Li 3 Remanded D 4 Reinstated or

qtatPrn.irt
State
Court

from
from
Hppenaie

|_| a. all parties represented

Reopened

5 Transferred from D 6 Multidistrict


(Specify District)

Litigation

7 Appeal to District

Judge from
Magistrate Judge
Judgment

| | b. At least one
party is pro se.

(PLACEANx INONEBOXONLY)

1 U.S. PLAINTIFF

BASIS OF JURISDICTION

2 U.S. DEFENDANT 3 FEDERAL QUESTION

IF DIVERSITY, INDICATE

S4 DIVERSITY

CITIZENSHIP BELOW.

(U.S. NOT A PARTY)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)


(Place an [X] in one box for Plaintiffand one box for Defendant)
CITIZEN OFTHIS STATE

PTF

DEF

[11

[xj1

PTFDEF

CITIZEN ORSUBJECT OFA

[ ]3[ ]3

FOREIGN COUNTRY

CITIZEN OFANOTHER STATE [x] 2 [ ] 2

PTF

INCORPORATED and PRINCIPAL PLACE

DEF

[ ]5 [ ]5

OF BUSINESS IN ANOTHER STATE

INCORPORATED or PRINCIPAL PLACE

[ ]4 [ ]4

FOREIGN NATION

[ ]6

[ ]6

OF BUSINESS IN THIS STATE

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

Clayton Osbon
1287 Belle Island Road

Bryan County
Richmond Hill, Georgia 31324
DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)

JetBlue Airways Corporation


27-01 Queens Plaza North

Queens County
Long Island City, New York 11101
DEFENDANT(S) ADDRESS UNKNOWN
REPRESENTATION IS HEREBY MADE THAT,AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN
RESISENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Check one:

THIS ACTION SHOULD BE ASSIGNED TO:

WHITE PLAINS

[x] MANHATTAN

(DO NOT check either box ifthis a PRISONER PETITION/PRISONER CIVIL RIGHTS
COMPLAINT.)

DATE 03/27/2015 SIGNAJJJRE-et^ATTORNEY OFJJECORD r\

RECEIPT #

ADMITTED TO PRACTICE IN THIS DISTRICT

A, n^^p-^^CUc^
^

^ YES (DATE ADMITTED Mo. 10


Yr. 2009 )
Attorney Bar Code * UMr\\\ ~)

Magistrate Judge is to be designated by the Clerk of theijayrt.1T\C$,^HfuHJtf


Magistrate Judge

is so Designated.

Ruby J. Krajick, Clerk of Court by

Deputy Clerk, DATED

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

JL O

(\I O Q /-| ,^
W ** O |j |j

CLAYTON OSBON,

Civ.

Plaintiff,
COMPLAINT WITH

-against-

juDQE SCH0F1ELD

JURY DEMAND

JETBLUE AIRWAYS CORPORATION,


Defendant.

COMPLAINT

-i

v.t

'

>CO

z?-

-'.j i
O'

Plaintiff Clayton Osbon, by his attorneys, Liddle & Robinson, L.L.P., alLsgeslas
follows:

oj
THE NATURE OF THE ACTION

1.

This is a civil action for damages and remedies based upon breach of

contract and negligence.


JURISDICTION

2.

This Court has diversity jurisdiction over this action under 28 U.S.C.

3.

Plaintiff is a resident of Georgia.

4.

Defendant is Delaware corporation with is principal place of business and

1332.

headquarters in New York.

5.

The amount in controversy exceeds $75,000.

-rz
~"

THE PARTIES

6.

Clayton Osbon ("Plaintiff "Captain Osbon" or "Osbon") is a 52 year old

male resident of Georgia.

7.

JetBlue Airways Corporation ("JetBlue") is a Delaware corporation with

its principal place of business in Long Island City.


VENUE

8.

Venue is proper in this district under 28 U.S.C. 1391(b) because a

substantial part of the events giving rise to Captain Osbon's claims occurred within the
Southern District of New York and Defendant is a resident of this district.
FACTS

9.

Captain Osbon is a highly experienced airline captain.

10.

Captain Osbon graduated from Nathaniel Hawthorne College in 1987 with

a degree in aeronautical physics.


11.

Captain Osbon first received his pilot's license in 1985.

12.

Captain Osbon first captained a commercial plane in 1987.

13.

Prior to March 27, 2012, Captain Osbon maintained a completely clean

pilot's license and associated medical certificate.


14.

Prior to March 27, 2012, Captain Osbon had not received any violations,

fines or other impairments to his pilot's license.


15.

Prior to March 27, 2012, the FAA had not taken any negative regulatory

actions Captain Osbon's pilot's license.

16.

Captain Osbon was actively employed by JetBlue as a Captain and airline

pilot from 2000 until March 27, 2012 when he was placed on medical leave.

17.

Prior to March 27, 2012, JetBlue had never taken any negative

employment actions against Captain Osbon.

18.

During his employment with JetBlue, Captain Osbon primarily flew

Airbus commercial airliners.

19.

Captain Osbon was an exemplary employee throughout his active

employment with JetBlue.

20.

Accordingly, JetBlue made Captain Osbon a Flight Standards Captain who

worked with JetBlue to develop and maintain appropriate safety procedures.

21.

Unknown to Captain Osbon, a childhood traumatic head injury damaged

his brain. Captain Osbon fully recovered from the initial injury, except for the unknown
brain damage, and was completely asymptomatic until in or around March 27, 2012.
22.

JetBlue failed to identify Captain Osbon's condition prior to March 27,

23.

In or around March 27, 2012, Captain Osbon began to suffer, for the first

2012.

time in his life, a complex partial brain seizure.

24.

Captain Osbon's seizure severely impaired his ability to perform basic

activities, caused him to hallucinate, and caused extreme feelings of paranoia and
religious fervor.

25.

The seizure's symptoms slowly increased over time, causing Captain

Osbon to experience increasing paranoia and religious fervor and correspondingly


decreasing control over his actions.

26.

As of March 27, 2012, Captain Osbon was unaware of his propensity for

brain seizures or his brain damage.

On March 27, 2012, Captain Osbon was also

unaware that he was undergoing a brain seizure.

27.

Throughout the entirety of March 27, 2012, Captain Osbon was unable to

control his actions, and therefore not responsible for his actions, as a result of a brain
seizure.

28.

Captain Osbon was scheduled to pilot JetBlue flight 191 ("Flight 191") on

March 27, 2012. The flight was scheduled to depart from John F. Kennedy ("JFK")

airport in Jamaica, New York and to land at McCarran airport in Las Vegas, Nevada.
29.

Prior to Flight 191, in accordance with JetBlue's procedures, the flight

crew was scheduled to attend a preflight meeting at JFK.

30.

Captain Osbon missed the preflight meeting due to his seizure.

31.

JetBlue unsuccessfully called Captain Osbon more than five times, and

otherwise attempted to find Captain Osbon, after he failed to report for the preflight
meeting.
32.

March 27, 2012 was the first time in Captain Osbon's 12 years of

employment with JetBlue that he missed a preflight meeting or failed to answer his
cellphone in advance of a flight.
33.

Captain Osbon previously flew with many members of Flight 191's crew,

including the First Officer, Jason Dowd. The crewmembers knew Captain Osbon was a
Flight Standards Captain and that he was routinely on time for preflight meetings.

34.

In the airline industry, preflight meetings are meant to ensure, among

other things, that the flight crew is afforded the opportunity to assess each other's
behavior and crew member's readiness and fitness to fly.

35.

As of March 27, 2012, JetBlue, however, failed to provide proper

mechanisms and guidance for the replacement of unfit crew members.


36.

As of March 27, 2012, JetBlue did not instruct its crew members to

request a replacement in the event a crew member failed to attend a preflight meeting.
37.

As of March 27, 2012, JetBlue failed to create and implement proper

procedures to ensure that a crew member, and particularly a pilot, who is either
intoxicated, under the influence of narcotics, or otherwise physically or mentally unfit to
fly, is not permitted to fly.
38.

Captain Osbon eventually arrived for Flight 191 disheveled and

disoriented.

39.

Captain Osbon's uniform, appearance, and demeanor clearly demonstrated

that something was wrong and that he was not fit to fly.

40.

Captain Osbon's behavior was highly unusual.

Based upon the flight

crew's experience with Captain Osbon, they knew or should have known that something
was wrong and that Captain Osbon was not fit to fly.

41.

Shortly after arriving, Captain Osbon went through the required preflight

checklist with First Officer Dowd. Captain Osbon was slow and inefficient in performing
the preflight checks, requiring substantial assistance from First Officer Dowd.

42.

Captain Osbon's struggle with the preflight checklist was extremely

unusual and should have caused JetBlue to inquire concerning his fitness to fly. Captain

Osbon's decades of experience rendered the preflight checklist a simple and rote activity.
43.

Captain Osbon's fellow crew members, with whom he had repeatedly

flown, knew or should have known that Captain Osbon's struggle with the preflight
checklist demonstrated he was unable to fly.

44.

JetBlue knew, or should have known, from Captain Osbon's tardiness,

appearance, and inability to perform simple preflight checks that he was physically and
mentally unfit to fly.

45.

JetBlue failed to make any effort to ensure that Captain Osbon was fit to

fly despite clear evidence and warning signs that he required immediate medical
attention.

46.

JetBlue nonetheless permitted Captain Osbon to captain Flight 191.

47.

During Flight 191, Captain Osbon's actions made it clear he was unable to

perform his duties.

48.

Airplanes are required to routinely make radio contact with air traffic

control.

49.

Within 10 minutes of takeoff, Captain Osbon missed two or more required

radio check-ins, clearances, and clearance read backs with air traffic control.

50.

First Officer Dowd performed these communications after Captain Osbon

failed to respond in accordance with Captain Osbon's duties as the Pilot Monitoring (the
non-flying pilot).

51.

After First Officer Dowd responded to multiple aircraft hails, radio

clearances and required clearance read backs, Captain Osbon asked First Officer Dowd,
at or before 8 a.m., if he had missed air traffic control calls.

First Officer Dowd

responded that Captain Osbon had in fact missed multiple air traffic control calls.

52.

Captain Osbon reacted with surprise. He did not realize that Flight 191

had received multiple air traffic control calls.


53.

At this point, Captain Osbon advised First Officer Dowd that he was

clearly unfit to fly, perform his duties as the Pilot Monitoring, and advised First Officer
Dowd that he was no longer able to assist with the flight.

54.

Captain Osbon relieved himself of command despite the fact he was in the

midst of brain seizure and rapidly losing touch with reality.


55.

JetBlue knew, or should have known, that Captain Osbon was unfit to fly

based upon his actions, inactions, tardiness and appearance.


56.

Captain Osbon recognized, even in the midst of a seizure and the

associated impairment of his mental faculties, that there was no justification for him to

simply ignore two required check-ins with air traffic control. Indeed, Captain Osbon did
not even realize the first check-in took place. There is similarly no justification for

JetBlue, and its employees, to fail to recognize Captain Osbon's severely impaired
condition.

57.

After Captain Osbon relieved himself of command, he rapidly began to

lose the last limited remaining control over his body and mind.

58.

Captain Osbon began to rant and rave about the likelihood of a terrorist

attack, various imagined dangers, and the need for Flight 191's crew and passengers to
embrace religion.

59.

Captain Osbon became increasingly belligerent (although not violent) as

his seizure worsened.

60.

Nonetheless, JetBlue permitted the flight to continue for approximately 3

additional hours after Captain Osbon advised First Officer Dowd he was unable to

perform his duties before finally diverting, and eventually landing, the plane.
61.

JetBlue should have immediately diverted the plane and landed after

Captain Osbon concluded he was unfit to fly and began to rant and rave while still in the
cockpit.
62.

JetBlue unnecessarily endangered the lives of Captain Osbon, the crew,

and the 135 passengers by failing to land the plane.

63.

If anything had happened to First Officer Dowd during the flight - a

significant possibility since Captain Osbon suffered from his seizure while still within the

cockpit - there would not have been anyone remaining to fly the plane. Indeed, even if
First Officer Dowd simply suffered an unrelated illness it could have been catastrophic.
It is for this very reason commercial flights require two capable pilots.
64.

JetBlue's failure is not surprising. As of March 27, 2012, the airline had

failed to implement appropriate safety training and procedures to ensure that its crew

promptly acted to protect against an unstable crew member. Instead, JetBlue maintained
a culture designed to protect the careers of crewmembers that were demonstrably
impaired - whether by alcohol, drugs, or other physical or mental instability or illness.

65.

As a result of JetBlue's inaction and lax regulations, Captain Osbon was

permitted to fly, remain on the plane, and indeed remain in the cockpit, while his
condition deteriorated.

66.

After losing complete control of his faculties, Captain Osbon left the

cockpit.

67.

Captain Osbon ran down the aisles screaming and ranting concerning

imagined terrorism and the need for all on board to embrace religion. During this time,
Captain Osbon lost control of his bodily functions.

68.

Several of the passengers recorded Captain Osbon's actions and posted

them to social media sites.

69.

The passengers and crew used force to subdue Captain Osbon causing him

to incur physical injuries.

70.

When the plane landed, Captain Osbon finally received the medical

treatment he needed.

71.

Captain Osbon was subsequently charged with federal crimes including

interfering with a flight crew, punishable by up to 20 years imprisonment.


72.

The United States District Court for the Northern District of Texas

determined that Captain Osbon was not responsible for his actions during Flight 191. He
was therefore released from custody, and the charges against him dismissed, subject to
certain monitoring conditions, which remain in place.
73.

During the criminal inquiry into Captain Osbon's conduct, he surrendered

his pilot's medical certificate at the request of the federal government, including the
Federal Aviation Administration (the "FAA").

74.

Without a valid pilot's medical certificate, Captain Osbon cannot pilot a

commercial plane.

75.

If Captain Osbon had not surrendered his medical certificate, the FAA

informed him it intended to begin regulatory proceedings to revoke his pilot's license.
76.

JetBlue's: (a) failure to establish appropriate safety protocols designed to

ensure its crewmembers are fit to fly; (b) failure to ensure that Captain Osbon was fit to
fly on March 27, 2012; (c) failure to replace Captain Osbon prior to Flight 191's
departure from the gate and ensuing takeoff after he proved unfit to fly; and (d) failure to
land Flight 191 promptly after Captain Osbon proved a danger to himself and others,
caused Captain Osbon significant harm.

This

harm includes national public

embarrassment through both extensive traditional media coverage and social media
postings, Captain Osbon's arrest, and the destruction of Captain Osbon's career and
future employment prospects.

77.

If JetBlue simply replaced Captain Osbon prior to his flight, he would

have privately received the medical treatment he needed without national public
embarrassment, revocation of his medical certificate, criminal charges, and the
destruction of his career and all future employment prospects.

78.

Captain Osbon's brain damage and associated seizures were not diagnosed

until several months after his arrest. During this period, while Captain Osbon was still in
the custody of the federal government, he suffered a second seizure.

79.

After Captain Osbon was diagnosed with brain damage and seizures in

connection therewith, he was prescribed medication for his condition.

10

80.

Captain Osbon has not suffered any seizures while taking his prescribed

medication.

81.

Captain Osbon diligently takes his prescribed medication in accordance

with his doctor's instructions.

82.

Captain Osbon was advised by his doctors that he will not suffer another

seizure as long as he continues to take his medication.

83.

Captain Osbon's doctors have not placed any restrictions upon his

activities based upon his condition.

84.

Captain Osbon is presently permitted to drive and retains a driver's

85.

As long as Captain Osbon takes his medication, he is fully capable of all

license.

activities without posing any harm to himself or others, including while flying a plane.
86.

To this day, a simple internet search for Captain Osbon's name yields a

legion of news articles, pictures and videos discussing in detail the unfortunate events of

March 27, 2012 (that JetBlue failed to prevent), the subsequent trial, and the litany of
passenger lawsuits against JetBlue and Captain Osbon.
87.

For the five years prior to Captain Osbon's medical leave, he earned

average annual compensation worth approximately $303,300 plus annual profit sharing
benefits equal to a minimum of 5% of Captain Osbon's annual income, disability,
medical and life insurance benefits, 401k contribution matching, and flight benefits

specifically, Captain Osbon and his immediate family could fly for free on JetBlue flights
and at steep discounts on certain other airlines' flights.

11

FIRST CAUSE OF ACTION

(Breach of Contract)

88.

Plaintiff repeats and realleges the allegations contained in the foregoing

paragraphs as if separately set forth herein.

89.

The express and implied terms of Captain Osbon's employment by

JetBlue, associated oral and written agreements with JetBlue, and FAA regulations,
nclude the requirement that JetBlue will create and implement appropriate safety

regulations and protocols to ensure that Captain Osbon, and his fellow flight
crewmembers, are fit to fly prior to flying.

90.

Prior to March 27, 2012, JetBlue failed to implement appropriate

procedures and safety regulations for the monitoring and replacement of unfit pilots or
other flight crewmembers.

91.

On March 27, 2012, JetBlue failed to apply those procedures and

regulations it did implement to prevent Captain Osbon, who was not fit to fly, from
piloting Flight 191.

92.

JetBlue's failure to implement and apply appropriate procedures and

regulations to prevent Captain Osbon from flying on March 27, 2012, and to timely
ground the plane after Captain Osbon removed himself from command, caused Captain
Osbon to incur substantial harm. This harm includes, but is not limited to: (a) physical
injury including significant bruising across his wrist, arms, neck and head; (b) a delay in
the treatment of Captain Osbon's brain seizures; (c) imperiling Captain Osbon's life as
well as the lives of the other crewmembers and passengers; (d) the destruction of Captain

Osbon's career and reputation; (g) national public embarrassment; (h) forcing Captain

12

Osbon to defend criminal charges; and (i) forcing Captain Osbon to surrender his pilot's
medical certificate.

93.

Captain Osbon seeks damages for the foregoing conduct equal to lost

wages from March 27, 2012 through his expected retirement at age 65 in an amount not

less than $4,852,800 ($303,300 x 16 years) plus appropriate increases for promotions and

raises and 9% interest from the date of breach in addition to annual profit sharing benefits
equal to a minimum of 5% of Captain Osbon's annual income, disability, medical and life

insurance benefits, 401k contribution matching, and flight benefits (Captain Osbon and
his immediate family could fly for free on JetBlue flights and at steep discounts on
certain other airlines' flights during his employment and would have been permitted to
following his retirement).

94.

Captain Osbon further seeks $2,426,400 for the permanent damage to his

reputation, and $4,852,800 for punitive damages.

95.

Captain Osbon further seeks $100,000 for physical injury damages and

$2,426,400 for emotional distress damages.


SECOND CAUSE OF ACTION

(Negligence)

96.

Plaintiff repeats and realleges the allegations contained in the foregoing

paragraphs as if separately set forth herein.

97.

JetBlue had a duty to Captain Osbon to ensure that each of the members of

its flight crew were fit to fly.

98.

JetBlue's failure to ensure that Captain Osbon was fit for flight dut, caused

Captain Osbon to incur substantial harm. This harm includes, but is not limited to: (a)

13

physical injury including significant bruising across his wrist, arms, neck and head; (b) a
delay in the treatment of Captain Osbon's brain seizures; (c) imperiling Captain Osbon's
life as well as the lives of the other crewmembers and passengers; (d) the destruction of

Captain Osbon's career and reputation; (g) national public embarrassment; (h) forcing
Captain Osbon to defend criminal charges; and (i) forcing Captain Osbon to surrender his
pilot's medical certificate.

99.

Captain Osbon seeks damages for the foregoing conduct equal to lost

wages from March 27, 2012 through his expected retirement at age 65 in an amount not

less than $4,852,800 ($303,300 x 16 years) plus appropriate increases for promotions and
raises and 9% interest from the date of breach in addition to annual profit sharing benefits
equal to a minimum of 5% of Captain Osbon's annual income, disability, medical and life
insurance benefits, 401k contribution matching, and flight benefits (Captain Osbon and
his immediate family could fly for free on JetBlue flights and at steep discounts on

certain other airlines' flights during his employment and would have been permitted to
following his retirement).

100.

Captain Osbon further seeks $2,426,400 for the permanent damage to his

reputation, and $4,852,800 for punitive damages.

101.

Captain Osbon further seeks $100,000 for physical injury damages and

$2,426,400 for emotional distress damages.


THIRD CAUSE OF ACTION

(Negligence)

102.

Plaintiff repeats and realleges the allegations contained in the foregoing

paragraphs as if separately set forth herein.

14

103.

JetBlue had a duty to Captain Osbon to ensure he had access to medical

attention if a medical emergency arose. This was particularly true in a circumstance,


such as arose during Flight 191, wherein Captain Osbon was unable to care for himself.

104.

JetBlue's failure to timely land Flight 191 after Captain Osbon notified

First Officer Dowd of his impairment and relieved himselfof his responsibilities: caused
Captain Osbon to incur physical injury including significant bruising across his wrist,
arms, neck and head; caused a delay in the treatment of Captain Osbon's brain seizures;
imperiled Captain Osbon's life as well as the lives of the other crewmembers and

passengers; destroyed Captain Osbon's career and reputation; caused Captain Osbon

national public embarrassment; forced Captain Osbon to defend criminal charges and to
surrender his pilot's medical certificate.

105.

Captain Osbon seeks damages for the foregoing conduct equal to lost

wages from March 27, 2012 through his expected retirement at age 65 in an amount not

less than $4,852,800 ($303,300 x 16 years) plus appropriate increases for promotions and
raises and 9% interest from the date of breach in addition to annual profit sharing benefits
equal to a minimum of 5% of CaptainOsbon's annual income, disability, medical and life
insurance benefits, 401k contribution matching, and flight benefits (Captain Osbon and
his immediate family could fly for free on JetBlue flights and at steep discounts on
certain other airlines' flights).

106.

Captain Osbon further seeks $2,426,400 for the permanent damage to his

reputation, and $4,852,800 for punitive damages.

107.

Captain Osbon further seeks $100,000 for physical injury damages and

$2,426,400 for emotional distress damages.

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WHEREFORE, Plaintiffdemands a trial by jury and judgment upon each of


his claims against Defendant as follows:

A.

compensatory damages, including, but not limited to, back pay,


front pay, in an amount to be determined at trial but in any event
not less than $4,852,800;

B.

severance in an amount to be determined to trial, but in any event


not less than $250,000;

C.

$2,426,400 for permanent damage to Captain Osbon's reputation;

D.

$4,852,800 for punitive damages;

E.

$2,426,400 for emotional distress damages;

F.

$100,000 for physical injuries;

G.

9% prejudgment and post-judgment interest; and

H.

all such other and further relief as this Court deems just and
proper.

Dated: New York, New York


March 27, 2015

LIDDLE & ROBINSON, L.L.P.

Jeffrey L. Liddle, Esq.


Matthew J. McDonald, Esq.
800 Third Avenue

New York, New York 10022

Tel: (212)687-8500
Fax:(212)687-1505
Attorneys for Plaintiff

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