Date: 01-22-2004

Case Style: Louise Sawyer and Grace Fuller v. Southwest Airlines and Jennifer Cundiff

Case Number: 2001cv2386

Judge: Kathryn H. Vratil

Court: United States District Court for the District of Kansas

Plaintiff's Attorney: Scott A. Wissel and Elizabeth Drill Nay of Lewis, Rice & Fingersh, Kansas City, Missouir

Defendant's Attorney: Todd W. Amrein, Phoenix, Arizona; John W. Crowden and Aaron C. McKee of Baker, Sterchi, Cowden & Rice, L.L.C., Kansas City, Missouri; Mary C. O'Connell Douthit, Frets, Rouse & Gentile, L.L.C., Kansas City, Missouri

Description: Plaintiffs claimed that in February 2001 they suffered emotional distress and physical injury as a result of Southwest Airline Flight Attendant Jennifer Cundiff say over the intercom in the Las Vegas to Kansas City flight which was preparing to take off "Eeenie, meenie, minie, mo, pick a seat, we gotta go." The plaintiffs, who are African American sisters, took the statement by Cundiff to be racist because they were still attempting to find seats on the crowded aircraft having just boarded as standby passengers.

Southwest Airlines asserted that the use of the rhyme by its employee was not used in a racist manner and was a completely innocent and amusing way for the attendant to urge passengers to take their seats.

Outcome: Defendants' verdict.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Editor's Note: Judge Vratil sustained Southwest Airlines' motion for summary judgment in part before trial on the Plaintiffs' negligent infliction of emotional distress claims.