American Airlines Sued in Flight Masturbation Case

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

60 thoughts on “American Airlines Sued in Flight Masturbation Case”

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  2. Did it ever occur to the young lady that she did not get permission to use the young man’s “essence” for the purposes of protein restoration? Has he considered suing her for inducing the semen extraction in the first place?

    Also, did anyone think to smell HER breath before she deplaned?

    C’mon, America!

  3. She was heard singing (the tune by Phil Collins): “I can feel him cumming in the hair tonight, oh Lord… I’ve waiting for this moment all my life, oh Lord”

    The ejaculator is reportedly a sailor. Indeed, some media reports say she was found with seamen in her hair !

    Any chance I can sue this woman named DOZIER just like myself for associating such a stupid complaint to my name ?

  4. A new locution has entered the North American vernacular.

    Hi-Jerk (v., tr.): to masturbate on board am aircraft in flight and ejaculate on the face, hair and/or head of an attractive, young sleeping female passenger. E.g., “Mustafa managed to complete the hi-jerk in the last row before the lights went back on, and his jizz was swinging from her chin as she yawned.”

  5. It’s a Realty TV Show called ‘To Catch a Predator’

    It’s in the early stages of Production – just getting started,
    really.

  6. Mespo,
    As I stated in my post, I couldn’t think of way that they would know about our busy friend. I hope that there isn’t a separate watch list for that issue!

  7. rifflaw:

    “However, if there was evidence of knowledge of the flight staff of the man’s actions or intentions(how I don’t know) then I might think otherwise.”

    ********************

    Agreed, but short of a scarlet letter how would they know. Are sexual deviates on the “watch list” now?

  8. DTV:

    I have no idea what country you live in but the medical profession, certified public accountants, architects, realtors, and many other professions have State authorized boards or commissions composed of members of the profession to regulate those professions. Lawyers have a particularly stringent ethical code which results in more suspensions, reprimands, and outright expulsions than all of the other Boards combined in my State. The reason DOJ allows lawyers to investigate other lawyers is because they have the expertise to investigate the activity and are knowledgeable concerning both the law and the ethical codes. In essence thats what they do. I am and aware of no U.S. Attorneys, who recently departed their private firms, and who were asked to become involved in the investigation of those firms and I am sure you don’t either. Along with these ethical prohibitions, there are also significant post-employment restrictions whose violations carry substantial penalties. Even in the Bush DOJ this type of conflict of interest and influence peddling is regarded as unethical. This is just another unsubstantiated attack but one without knowledge of the profession or how it works. Do some research next time.

  9. On the subject of masturbation, the Department Of Justice allows U.S. Attorneys who were members of a private practice law firm to hold positions of authority in decisions regarding the investigation and possible prosecution against the same law firm of which they were partners. The senior management of the DOJ believes the right hand need not know what they left hand is doing. There exists no other profession in the U.S.A. that empowers the accused, and their brothers bound in uncertainty of financial and criminal liability, to regulate themselves other than the “profession” of law. Perhaps this uncontrollable urge to satisfy their lust for carnal knowledge with girls their daughters age, money, and power is the exact same DNA abnormality which afflicted the airline passenger who soiled the poor woman’s hair. Perhaps organized crime member Eliot Spitzer and furtively conflicted U.S. Attorney Colm F. Connolly can enlighten us as to their techniques to hide their unethical foundation whilst maintaining for so many years their facade as Masters Of Their Own Domain.

  10. Rafflaw, note the quotation marks around the quote, which was bser’s
    – not mine.

    You won’t find my remarks to be close to anything bser has ever said
    – especially about Valerie Plame and Joe Wilson.

    I await your profound apology!

  11. Mespo and Deeply Worried,
    I agree with your comments. AA has some work ahead of them, but to forsee such an incredible action would have been almost impossible. However, if there was evidence of knowledge of the flight staff of the man’s actions or intentions(how I don’t know) then I might think otherwise. I agree with Professor Turley that a jury would be greatly impacted. The only question might be which side would benefit from that jury’s disgust.

  12. Mespo,

    I fully agree.

    The lights must be on late at AA’s in-house counsel lately. There seems to be an endless train of lawsuits being filed against the carrier.

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