Lina Di Falco makes compensation claim after long-haul incident
A long-haul flight from Melbourne to Dubai sparked a chain of events one woman claims led to her marriage breakdown — and she’s chasing at least $300,000 in compensation from the major airline.
Law & Order
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A thirsty traveller whose broken ankle led to a broken marriage, wants at least $300,000 in compensation claiming the repeated refusals by Emirates staff to serve her more water during a flight caused a life-altering accident, a court has heard.
Lina Di Falco, 54, is suing the major airline claiming she has suffered constant ankle pain since the 2015 incident on-board the long-haul flight from Melbourne to Dubai and has since been unable to take part in activities she once loved — like alpine skiing once a year.
The Supreme Court earlier heard the “adventurous traveller” had asked for water four times during the flight before she was eventually given a 150ml bottle of water during the lunch service.
Ms Di Falco told the court she felt dizzy and like she was going to vomit before fainting as she stood up to go the bathroom, injuring her ankle in the process.
An expert medical witness told the court it was likely a combination of factors that led to her fainting, with dehydration “a very significant factor”.
Dr Peter Blombery said a perfect storm of warm temperatures, low cabin pressure and dry air was likely to have caused Ms Di Falco to suffer orthostatic hypotension — or a drop in blood pressure.
Barrister John Ribbands for Emirates said he did not dispute Dr Blombery’s findings, but that the conditions Ms Di Falco experienced on the flight were not out of the ordinary.
“The injuries … were caused by her own internal reactions to the standard, usual and expected operating conditions of an aircraft,” Mr Ribbands told court.
He also highlighted that the plane had a water fountain readily available for use by passengers, but Ms Di Falco said she did not see it.
Her lawyer, Ron Meldrum QC, said his client is seeking “at least” $300,000 for general damages.
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She became emotional as Mr Meldum told the court the impact of the accident on his client’s life, including the breakdown of her marriage.
Earlier Ms Di Falco gave evidence that because of the accident “she couldn’t be … the wife (her husband) married”.
Mr Meldrum said the accident had also impacted her ability to travel — which he described as one of the most important parts of her life.
But Mr Ribbands said the plaintiff’s suffering had been “significantly overstated” and that Ms Di Falco’s marriage had experienced issues before the mid-flight incident.
He also argued her involvement in activities such as skiing had been exaggerated and that Di Falco was going one weekend a year and only to watch her son ski.
Justice Jacinta Forbes has reserved her decision.