Passenger who claims hurt ankle destroyed her marriage loses court case against Emirates
An Australian woman has had her legal case against Emirates airline thrown out after claims she collapsed on a long-haul flight as a result of being denied enough water were dismissed by a judge at the Victorian Supreme Court.
Lina Di Falco, 54, was suing for damages after claiming that a lack of water on a flight from Melbourne to Dubai caused her to faint and fall, hurting her ankle.
Di Falco claimed during the trial that the injury caused her constant pain, forced her to take two months off work and led to the breakdown of her marriage.
However, Justice Jacinta Forbes found on Tuesday that Emirates had no liability. She has invited parties to make submissions on costs.
It has been reported that Di Falco could face a potential bill running into hundreds of thousands of dollars.
Di Falco said she was given just one glass of water with her meal more than an hour after the plane took off, but said that wasn’t enough.
Di Falco claimed she had asked for water four times before getting up to go to the bathroom, feeling dizzy and like she was going to vomit.
She claims she fainted and hurt her ankle on the way, describing the pain as nearly 10-out-of-10.
Emirates’s legal team countered that the plane had a water fountain available for passengers’ use, but Di Falco said she did not see it.
She complained that Emirates passengers hadn’t been offered enough refreshments and her Middle Eastern holiday was wasted because of her injured ankle.
After collapsing, Di Falco said airline staff gave her a large water bottle for the rest of the 14-hour flight.