Elder Abuse Act claim against airline fails in federal district court

Balukjian v. Virgin America, Inc. (N.D. Cal. Mar. 9, 2018).  The passenger/plaintiff was traveling on a red-eye flight from San Francisco to Boston with her 93 year-old father, who had a portable oxygen concentrator with him.  During the flight, the plaintiff’s father felt ill.  He asked her for oxygen, which she attempted to provide using the concentrator.  Later, another passenger and flight attendants performed chest compressions on the plaintiff’s father, and an automated external defibrillator was used on him.  Despite these efforts, her father died during the flight. The plaintiff’s complaint against Virgin America alleged causes of action for neglect under California’s Elder Abuse and Dependent Adult Civil Protection Act (“Elder Abuse Act”), Cal. Welf. & Inst. Code §§ 15600 et seq., and for unlawful business practices against a senior citizen under Cal. Bus. & Prof. Code § 17200 et seq.…

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