Bassos was seated beside an obese man, who “encroached into his seat,” on the flight from the United Arab Emirates to Sydney, which lasted for over 14 hours, on October 2010 flight.
To evade physical contact with the fat passenger, who was constantly spilling and coughing, the man had to crook his body. Approximately five hours later he felt backache and asked for a seat change.
Bassos’ request was denied at first, as there were not vacant seats in the airplane. But when the pain became unbearable, the man was permitted to move to the crew seat in the tail of the plane. However, Bassos was later asked to return to his initial seat two times.
According to lawsuit papers, the accident was described as “unusual or unexpected event external to the passenger.”
The airline expected to have the charges lifted this week, as medical examination results have been released. James Bassos will finally face a medical assessment by the end of this year.