Lawyers in Sexual Assault Case Against American Airlines Seek New Trial
Lawyers for Kimberly Goesling, a former American Airlines flight attendant, are seeking a new trial after a jury issued a verdict regarding her sexual assault case. The jury found that a chef employed by American assaulted Goesling but did not hold the airline accountable. The lawyers claim the jurors received incorrect instructions, including a statement the court had agreed to remove. Goesling testified about her treatment following the 2018 assault in Germany, revealing that the airline continued to employ the chef despite previous allegations against him.
- Jury found that a celebrity chef employed by American Airlines sexually assaulted Kimberly Goesling.
- Jurors received incorrect instructions that may have influenced the verdict.
- American Airlines failed to conduct a background check on the chef prior to his employment.
- The airline continued to employ the chef even after prior allegations of misconduct.
Jurors given incorrect instruction even after judge agreed to change it
FORT WORTH, Texas, May 18, 2022 /PRNewswire/ -- Lawyers representing a former American Airlines (NASDAQ:AAL) flight attendant in her sexual assault case against the airline are asking for a new trial after learning jurors in the case were given an instruction the judge had agreed to remove from the jury charge.
Last week, a jury found a celebrity chef hired by American did in fact sexually assault Kimberly Goesling, but failed to assign any responsibility for the attack to the airline.
But in reviewing the jury's verdict form, Ms. Goesling's attorneys noticed one of the questions the jury had to answer included a line the plaintiff's lawyers had objected to in court, and which the court had agreed to remove.
"This isn't a legal technicality. This is the court giving the jurors an instruction that does not follow the law," says attorney Rob Miller of Miller Bryant LLP in Dallas. "That's crucial because after the verdict, we spoke with some of the jurors and the portion we're talking about is what tripped them up."
Mr. Miller's motion asks that the court set aside the verdict and order a new trial in the case. To review a copy of the motion, click here.
The trial just concluded included testimony from Ms. Goesling, who described her treatment by the airline after she reported the 2018 assault, which occurred in her hotel room in Germany. She told the jurors about being attacked by a celebrity chef whom American hired without conducting a background check. Evidence in the case showed the airline continued to employ him even after learning of prior allegations against him for alcohol abuse and inappropriate conduct around women.
She first publicly told the story of what happened to her – and American's role in it – in a 2021 Facebook and Instagram video. Ms. Goesling retired from the airline in December 2021. Visit metooaa.com for more information.
The case is Kimberly Goesling v. American Airlines et al., Cause No. 342-314565-20 in the 342nd Judicial District Court in Tarrant County.
Dallas-based Miller Bryant LLP is a national practice representing catastrophically injured people and those wronged through the negligent acts of others. More information at https://www.miller-bryant.com/.
Media Contact:
Mark Annick
800-559-4534
mark@androvett.com
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SOURCE Miller Bryant LLP
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