A 21-year-old woman, Centava Dozier, has filed a $200,000 lawsuit against American Airlines for alleged negligence that led to another passenger masturbating on a flight next to her and ejaculating in her hair. The case will pit the higher duties of a common carrier against the concept of a superseding intervening act. Notably, this is not the first such attack of this kind — adding to the foreseeability element.
Centava Dozier was on a flight to Los Angeles from Dallas/Fort Worth Airport when the incident occurred. Click here. She is alleging a classic negligence theory of a failure of flight attendants to take steps after they noticed that a man had switched seats. Dozier had fallen asleep early in the flight and woke up to find a man staring at her while masturbating. She immediately found that the man had ejaculated in her hair. She further says that the flight attendants did not respond when she began to cry and ask for help. Another passenger ultimately comforted her. The man was arrested after the flight.
Under common law torts, a common carrier must exercise the highest degree of care for the passengers’ safety and is responsible for the slightest negligence. However, criminal or intentional torts are generally (but not always) treated as superseding intervening causes — cutting off proximate causation. However, some criminal act must be anticipated, particularly by common carriers. Such foreseeability was at the heart of the decision in Brower v. NY Central & HRR (NJ Sup. Ct., 1918) where a railroad was treated as liable for the theft of cider and other goods after an accident with a wagon.
While it is hard to believe, it turns out the airlines have had to deal with such sexual assault in past flights with sleeping women, including a recent similar attack by a Northwest Airlines employee, here.
This history and the alleged unresponsiveness of the flight attendants may be enough to get this to a jury. The grotesque nature of the attack is likely to have a pronounced impact on a jury.
For the full story, click here
MindstormsKid 1, June 22, 2009 at 10:26 pm
…. That’s one weird lady. It’s not as if anything bad happened to her….. (besides the semen in her hair)*************
Thank goodness we don’t run on the same circles. I don’t know many people with sound minds that would not mind something like this happening to them.
In case you misunderstood the above. I think you are messed up in the head and need some serious mind altering medication if you mind this socially acceptable behavior. You need help serious help. This is not Plato’s Playground or an opportunity for group sex. This was a woman that was asleep and woke up to this pervert committing this criminal act upon her person.
Get some deep serious help.
…. That’s one weird lady. It’s not as if anything bad happened to her….. (besides the semen in her hair)
Hey mespo727272
1. I was never an investor in eToys.
2. I am not a lawyer and never practised law.
3. The appropriate way to view things is there are a few lawyers in law enforcement, and sitting on the bench as judges, who are overtly corrupt. There are many more lawyers, including at the DOJ, who view their roles so narrowly, and their oaths so meaningless, that they become corrupt by their tacit approval of blind indifference towards the overt corruption of their brothers and sisters. You are smokin’ some powerful dope if you think that filing a complaint with some government agency is going to unravel corruption that is tightly wound in our “justice” system. Most lawyers don’t make a fortune, but all dream of the BigLaw partnerships. Junior associates are engaged in the pyramid games at BigLaw firms as they spend a decade of 60 billable hour (or more) weeks hoping for a shot at a partnerhips which guarantee annual income of over $2 Million per partner. The vast majority fail because such huge incomes can only flow to a few people at the top of a billing pyramid. However, a lawyer working at the DOJ (or SEC) can leapfrog the private practice sweat shop career path (a/k/a lottery ticket buying) towards such lucrative partnerships landing such a job directly including huge signing bonuses. This is for lawyers without a client list or a track record of rain making. What do you suppose is the best resume to promote oneself for such a career path? “I contributed to the incarceration of x BigLaw Partners” is assuredly not the “job experience” which endears government lawyers to BigLaw. Can you say “conflict of interest” or “revolving door” or “public corruption”?
DTV:
Thanks, I have my answer from you.
Hey mespo727272: You still haven’t answered the direct question, Are you a lawyer? And here is another, don’t you think your a bit hypocritical to demand the one poster answer every question when you can’t answer a simple question? Besides, your question was a Red Herring, a logical fallacy. You attempt an ad-hominen attack on a whistle-blower by requiring him to say “all lawyers are corrupt” in order to then cast the accusation as unreasonable, unbelievable. Well, you know back in Galileo’s time “all scientists were wrong” about the earth being flat. But I guess mespo727272 would like to assert that Attorney General John Ashcroft was telling a lie when he said that there are more corrupt public officials than we could ever detect and prosecute in our government. Furthermore Ashcroft singled out Law Enforcement and the Judiciary where fighting corruption was an imperative. And thanks for giving more reasonable minds the last word.
Mez,
Did you see the piece that DTV posted on his website http://www.bankruptcymisconduct.com ?
Today, as was predicted by several, a wonderful thing happened.
The Black hole that all of our whistle blower complaints was going into and disappearing, now is plugged.
The FBI raided the home and Office of the US Special Counsel in charge of stopping corruption and organized acts that would help political manuevers at the expense of Justice.
Ask not what your country can do for you
Ask how you can stand up and fight for your country.
It is a Noble place to be, on the side of right.
A greater joy, when you see the Truth finds good ground.
Fight for your American way of life
do
NOT Let it Go!
There is no vagueness
You want to know if all courts are corrupt, while asking if everyone is in on it.
The answer on All courts cannot be stipulated to,
The answer to the Delaware issue is Asked and Answered.
The Chief Justice said there was no perjury documented, despite the fact that they confessed and the US Trustee’s office, the police of the Courts are actually giving Organized Criminal behavior a cake walk, while at the same time, leaving the bandits in the Vault with the keys and permission to continue the fleccing “ad hoc”.
There is no mystery about fraud.
It takes 3 items to ducument Fraud on the Court by Officers of the Court.
First, you must have a court situation where the officers are involved.
The Code and all precedents state, any Court approved fiduciary is an Officer of the Court,
To be held to a higher standard than that trodden by the Crowd.
Second it must be willful act with the intent to deceive
Finally the deception must have been successful (even if only for a time until it was “caught”)
They were WARNED by the US trustee NOT to replace any key personnel of the debtor with anyone connected to Court approved parties,
So that there would be No conflict of interest.
Rejecting that warning, not only did they violate the Law of 327(a) and Rule 2014, the Debtor and Creditor’s attorney collaborated together, drafted a Clandestine Hiring Letter, that Bribed Barry Gold with a reward if he did willingly choose to not apply to the Court.
By the Way, Barry Gold just happens to now have confessed that he was given four payments of $30,000 each, by TBF, before TBF put him in eToys as CEO .
So we have confessions to Perjury, Fraud, Scheme to Fix Fee’s, Intimidation of Victim/Witness, Collusion to Defraud an estate and totally over 100 felony violations including MisPrison.
Where the Dept of Justice is saying Tough
and the Judge agrees Tough.
They are our buddies and we are going to let them get away with it and we are going to punish you, the Whistle Blower
The point that I am hoping to make
is they are doing this every where
Stage Stores, JoAnn Fabric, Levitz, Kmart, Enron
They were all there and eToys also.
They toss away all the shareholders and steal the assets.
I do not have to Prove what the Judge and DOJ persons are getting,
that is for the FBI
All I have to do is document that they are acting Contrary to the Law.
Who punishes the persons who are suppose to protect us from these crimes, when the very person (the Judge and the Trustee) have decided they will Protect the Criminals
Where do you go.
Across Country to the US Attorney’s office, who also has jursidiction, because eToys is in California To
1000 Californians lost there jobs
Billions of dollars was lost of California shareholders
MNAT law firm even emailed me their name, address, phone number, number of shares AND
their Social Security Numbers
how much stuff do you have to see before it is Obvious the FIX is IN.
When Tom O’Brien and Mukasey shut down the Public Corruption Unit and threaten career prosecutors to keep their mouths shut.
How much is enough.
Everyrone may not be in on IT.
But it sure as Hell appears that there are plenty of people who ARE
Binx101:
I think you are right since there are no answers to direct questions.I shall withdraw from this verbal exchange.
“Fraud is kaleidoscopic, infinite. [And that] being infinite and taking on protean form at will, were courts to cramp themselves by defining fraud with a hard-and-fast definition, their jurisdiction would be cunningly circumvented at once by new schemes beyond the definition….. Accordingly definitions of fraud are of set purpose left general and flexible and thereto courts match their astuteness against the versatile inventions of fraud-doers.”
(Stonemets v. Head, 248 Mo. 243, 263, 154 S.W. 108, 114 (1913).
Fraud in the courts?
That’s absurd.
These long winded messages are Blog SPAM – someone is messing with JT’s spam settings again.
We sent letters to everyone, including the FBI, US Marshalls, OIG, OGE, OPR, ORO, SEC Banbkruptcy Fraud Div (which now no longer exists), The Public Integrity Section and of Course, Debra Yang’s Corp, Fraud Task Force.
They all referred it to the Delaware US Attorney, FBI and the standard protocol of the General Counsel of the Dept of Justice EOUST in Washington DC.
The problem is Director of EOUST emailed me he would take care of the item and he did remove Roberta DeAngelis as Region 3 Trustee and his Asst US Trustee did Motion to Disgorge
Then, ten days later, the Dept of Justice attorney for Region 3, Mark Kenney, issued this Stipulation
WHEREAS the United States Trustee shall not seek to compel TBF to make additional disclosures
In other words they could admit to filing the false affidavits, did then did NOT have to make any additional disclosures about the Felony violations the Perjury assisted.
IT WAS ILLEGAL to do this as the US Trustee and BK court have no authority in Criminal matters.
The proble of refering the matter to the General Counsel of the US Trustee’s is
We found another $100 million in fraud, that occurred, after that Stipulation was issued
Whereupon Director Lawrence Friedman and Asst US Trustee Frank Perch RESIGNED
After Friedman resigned AG Gonzales as Director White, promoted (quietly as there is no press release) Roberta DeAngelis to the post of General Counsel
She is in charge of investigating her own case
And Colm Connolly worked at MNAT when the Perjury was confessed to have occurred.
The other items they are keeping not to Compel, would SHUT down the MNAT law firm
and when we informed Tom O’Brien of this
He choose to shut down the Public Corruption Unit
It is What it is
Where is the independent Prosecutor for the eToys issues?
That is the Story!
Laser Haas:
Your sincerity is evident but reading your comments is like trying to harness the tornado–too many things flying around at once. I assume you have made your complaints to the appropriate authorities supervising the case and have been rebuffed. Do you believe they are corrupt, or well-meaning, but blind to the chicanery, or just indifferent? Why is the basis for that opinion?
You can also go to such websites as
http://www.fraudonthecourt.blogspot.com
Where Meryl has Congressional testimony by a Federal Judge (Cristol) that states that the US Trustee’s Dept is a “pack of dogs”
Or
Before Congress, the Dept of Justice Attorney Mary F Powers, who was working for the Florida US Trustee’s office, stated
Director White and Director Friedman have done little to foster the integrity of the US Trustee’s office.
then there is http://www.wjfa.net/bk/etoys.html
even a site that thinks I am off my rocker, Wells of Justice.com documents extensive abuse of the system by Trustee’s
Why do they us that name,
Judges are not called Trusted Judges
US Attorney’s are not called Trusted Attorneys
But the persons, who police our Federal Bankruptcy Court system, by a Program, that Congress CREATED as a Temporary item, to take away TOO much power from Judges, the US Trustee Program is a Temporary program.
They report every year, to Congress on how they did a Sting Operation such as Truth or Consequences.
How they found out that Ma and Pa Kettle failed to report their $3000 ring or old car (that would have been exempt if they knew the law anyway)
Yet attorney’s who Confess to Premeditated plot n ploy, after the US Trustee’s office Testified, that he warned them NOT to do so, where they admit that they filed 34 False Affidavits and decided to KEEP QUIET, after another case revealed they were caught.
(in other words, they decided to continuously, hide their crime)
They received $14 million in fees, only to have the US Trustee’s office give them implied, blanket, immunity and a Stipulation to Settle for only $750,000.
How many crimes would you committ if you could get $14 million and only return $750,000?
It gets better though, the $47 million that was in the bank accounts is unaccounted for.
My company was hired as security and liquidation consultant.
The Judge and the US Trustee state, in their Opinion’s and Brief’s that I am not a party of interest. Even though the contract, for my corporation states, that they shall Defend and indemnify all officers and assignee’s
As I am the sole stockholder, I am it.
Plus Congress was ahead of this bull,
it Bankruptcy Code 503(b), a person off the street, who does a Substantial contribution (one who discoveres a crime and reports it to the Court) is entitled to a hearing and compensation.
I discovered they had $2 million in cash hidden overseas, even if you throw out my Court approved work (that is what the Court and US Trustee have done) I am still entitled to a hearing on that issue.
Or the fact that I discovered the part where the Creditors attorney PLANTED his paid associate within the Debtor as CEO, by Perjury and fraud
They agreed to be disgorged $750,000 for that as well.
As for the fact of whistle blowing and the Court frowning on such, there is actually a LAW that mandates you blow the whistle
18 USC 4 MisPrison
If you do not tell of a crime you see occurring, you are guilty of a Felony
You can also go to http://www.caught.net
and many, many others.
They all are out there, getting away with it,
because the Public is divided.
It is not YOUR case,
it is OLD news
It is not YOUR State
It is Not Your Stock
why should you care.
No blood, mayhem or gore.
They are stealing America, one piece of paper at a time.
If you think it is NOT your problem
That the deliberate forcing of a one year old public entity into bankruptcy, where the Judge and US Trustee permitted DESTRUCTION of Books n Records (eToys docket number 300)
Then can I sell you this vast volume of gas that is a rare and unique item, only found one place in the world for $1 million.
It is so rare, that there is only a one in 6 billion chance of every finding it anywhere else.
Yes
The HAAS farts are such are rare gas thingeeee.
So is the GAS that the courts and US Trustee are passing by us
Except they are now doing it, one in 1000, one in on hundred
and they are getting millions and billions
eToys, Kmart, Finova, Stage Stores, etc all have these guys in there
eToys was STOLEN by Bain
and Bain was managed and owned by Romney in 2001
MNAT is now representing Bain openly, because they have impunity.
Does it matter to you that a Presidential hopeful benefited from Fraud.
Does it matter to you that he said he was only worth $250 million
when he owns 100% the company SanKaty that is worth $2 billion, that just happens to be a Bermuda (non US company)
It is our case
IT IS YOUR SYSTEM OF JUSTICE.
The evidence is EVIDENT
If you but open your eyes!
Mespo
Do not take my word for it, look at such sites as UCLA Law Professor Lynn LoPucki, who wrote a book entitled “Courting” Disaster, how Competition for Big cases is Corrupting our Bankruptcy Courts.
Prof LoPucki points out the obvious, “courting” occurs when a Court is KNONW to act a certain way in “bending the law”.
If Martha, Bonds or Clemens, “bend” their words, that is Perjury.
If attorney’s, who are held to a Higher standard (purportedly not a lower one) as they become Officers of the Court when a Federal Judge approves of their working an estate,
When they are self policing, by supplying a Rule 2014 Affidavit, staing they did no wrong.
Only a Corrupt System can dare infer, under pretense or “color of law” that such is “non-disclosure” of “conflict of interest”.
The SYSTEM utilizes mitigating, repetitive, verbal, reinforcemnt to dull your inquiries, by stating a lie is not a lie, if the Judge and our Dept of Justice U S TRUSTEE’s (now why did they choose that name)
If those esteemed, persons, say it is not perjury, that they know the Law and we are but mere mortals.
Then are they corrupt
or Just forgiving an “OOPS”?
Laser Haas:
You do raise some suspicious coincidences that under another Administration I would put off as just weird timing quirks, but, under this current crowd. I would give some credence. I said earlier that “[t]o accept Connolly as a corrupt broker here, we must assume that everyone else (Trustees, Bankruptcy Judges, etc.) involved was either corrupt or complicit in corruption.” Is that your position?
Mespo and DTV
First, DTV, you must get a new “Staged” name, it is toooo much!
As for the Mespo remarks of how did DTV know, your qualification on the Connolly issue is right here. Click on my name, go to my link and see the online affidavit.
The DOJ website has concrete proof that Colm was a partner with the MNAT law firm in 2001, when the $300 million in fraud and perjury began.
The DOJ protocol for handling of “connected” issues, for the sake of no appearance of impropriety is the item MUST be refered to the Officee of Public Integrity, (at the barest of minimums an independent prosecutor should have been assigned ergo Ethics violation 101).
The amount of skullduggery to bury the fraud and corruption runs high. Eventhough the MNAT and TBF law firms have both confessed to collaborative efforts to deceive the court (Fraud on the Court) and both MNAT and TBF have confessed to filing multiple, false, Rule 2014, affidavits (Perjury), the Delaware DOJ has declined to evn mention the name of the MNAT law firm and only sought disgorgement of the TBF law firm.
TBF is now defunct, as is Kronish Lieb, Hutchins Wheeler, all connected herein.
The Dept of Justice in Delaware UST office has given implied, blanket, immunity to the acts that they have admitted and the US Attorney’s office (Asst US Attorney Ellen Slights) stated no case, no charges and no investigation.
The Delaware FBI office received many notes, including referral from Debra Yang’s Corp Fraud Task Force DOJ office in Central CA.
The girl there actually veiled a threat to me, she was “aware” of my —- emails, there was no case, no investigation and no charges unless I do not stop my harassing emails in violation of the Electronic Spam Act blah blah,,,
So it is now a violation of the Spam statute to email the Dept of Justice about perjury, fraud, cronyism and corruption.
Responding to this issue (that has been going on for several years) the Director of the Dept of Justice EOUST sent me direct emails, that he would remedy the problem.
He removed the Region 3 Trustee, Roberta DeAngelis and the Asst US Trustee put in a Motion to Disgorge the TBF law firm (again no mention WhatSoEver of MNAT)
Then, less than ten (10) days later, the Dept of Justice Attorney, Mark Kenney, acting on behalf of the New Region 3 DOJ Trustee, put in the ILLEGAL Stipulation to Settle
It is illegal because the Trustee’s office is the Police, they cannot give Immunity without Express Written permission of the Deputy Attorney General of the DOJ.
The Judge stated, despite the confessions, that no perjury was documented, because she threw out all my evidence,
Even though the Court hired me and my company and the Contract that MNAT and TBF drafted states the Debtor shall Defend, Indemnify and hold me harmless, the Court refused my attorney from puttting in his pro hac vice and punished this Whistle Blower, keeping my $750,000 plus, in expenses and refusing to pay the $3 million dollar commissions, Heck, they even refused to have a hearing on it.
The Court said I do not have her permission to TELL on the bad guys, that I am DENIED, Article III standing.
We reported all this to Debra Yang’s office, that is now run by Colm Connolly and that resulted in no answer also,
Except that Tom O’Brien, the US Attorney in Central CA walked in to a weekly staff meeting, belittled all the workers, disbanded the Public Corruption Unit and threatened Career prosecutors with Retaliations if they did not keep their mouths shut (see L A Times Story by Scott Glover “Shake-up Roils federal prosecutors”
Senator Feinstein has sent an Official letter to Mukasey asking him to Explain the dismantling of the Public Corruption Unit.
O’Brien and Mukasey stated the dismantling was to make the Dept of Justice more efficient.
AT WHAT??????
While you, 727272, may argue that all this is just coincidence, I will ask you one thing.
Where is the case number for eToys? (they went public in 1999 for $8bn and bankrupt a year later. No investigation.
MNAT and TBF also have another item we provided proof of that the Court and Dept of Justice refuse to address, MNAT works for Bain and TBF works with Bain, they both worked for eToys as Debtor and Creditor counsel and did not disclose the connection when they sold the assets of eToys (their client) to their other (regular) client Bain.
This is collusion.
And that is just the beginning of the Racketeering items, they are trying to Cover Up as Colm F Connolly is now nominated to be a Federal Judge.
Does the issue of his failing to appoint an independent prosecutor become a matter of grave concern when he is nominated to be a Judge?
Why will the Wilmington Journal and the Wall Street Journal ORDER reporters OFF THe Story?
Again, do not know why you guys brought this battle here, but I can tell you this much. The Delaware Dept of Justice is complicit in Overt Acts to Obstruction Justice by Organized Criminals, known in Bankruptcy Circles as a Bankruptcy Ring (see Congress remarks on such that can be found in the 3rd Circuit case of In re Arkansas)
Better look quick though, Colm Connolly clerked for Judge Stapleton of the 3rd Cir and Greg Werkheiser of the MNAT law firm Clerked for Judge Roth.
The Third Circuit recently issued a per curiam Opinion that refused to look at these issues, stating, in black n white print, that the Federal Rules of Appellate Procedure does not apply to this case.
That, my friends is the crux of the issue.
The LAW is NOT being Applied!
Stand up and fight for your American way of life
or
LET IT GO!
DTV:
I am still trying to fathom your point. I am not aware that Connolly was charged with any ethical lapse, and I wonder how you know that he was involved in the decision not to investigate or prosecute his former firm. Maybe he did play a more limited role than you contend even though his former law firm’s fraud took place six (6) years after he left the firm. I also don’t know the reasons for the decision not to prosecute and that would be helpful as well. I am not sure then how the system failed because he was nominated for a Judgeship, or how speculation as to his role rebuts my contentions. To accept Connolly as a corrupt broker here, we must assume that everyone else (Trustees, Bankruptcy Judges, etc.) involved was either corrupt or complicit in corruption. That is a hard argument to construct, and even harder to make anyone believe . Maybe you can enlighten me with your manifest wisdom?
Tell me, are you an investor in eToys?
Dear unenlightened mespo727272: Yes, the U.S.A. where Attorney General
John D. Ashcroft said: “We know that we can only detect, investigate and prosecute a small percentage of those officials who are corrupt.”
Thank you for admitting that you were unaware of a U.S. Attorney holding authority to investigate his own firm. This page has links showing the Colm F. Connolly was in such a conflicted position. Not only did he fail to recuse himself, Connolly failed to inform the whistleblower to the fraud that he was a member of the same law firm at the time that the alleged conflict occurred. Did you intend your comment about “being asked” to head a case to be speciously exclude instances where the attorney reviewed all cases, or volunteered himself?
By the way, are you a lawyer?
Just watch. The man will sue the airlines for letting him switch seats.
This crap shouldn’t even be heard and any Lawyer trying to bring it should be held in Contempt and made to eat his Degree.