Delta wants food illness case moved to federal court

CHARLESTON – Delta Air Lines has asked to remove a foodborne illness case to federal court.

Stuart L. May originally filed his lawsuit against Delta and Gate Gourmet Inc. on Nov. 21 in Kanawha Circuit Court.

In his complaint, May says was a passenger on Delta Air Lines Flight 110 on Oct. 18, 2012, and Gate Gourmet provided the food service for the flight, according to the complaint. May claims Gate Gourmet served him an in-flight meal of Greek marinated grilled chicken.

On Oct. 21, 2012, May says he developed diarrhea and on Oct. 22, 2012, his condition worsened to include profound sweating, dizziness and nausea, according to the suit.

May claims he was transported to Charleston Area Medical Center, where he was diagnosed with having contracted campylobacteriosis, which is most commonly caused by ingesting undercooked poultry, and the only poultry May had eaten was the chicken served on the Delta flight.

The defendants were negligent in failing to provide safe food for May and other Delta passengers, according to the suit.

In its removal notice, the defendants say the case should be in federal court because May’s flight was an international flight to the United States. They say the Montreal Convention would be in effect because international air travel passengers only can seek damages for death or personal injury in cases covered by it. Thus, the case should be in federal court.

May is seeking compensatory damages. He is being represented by Stephen P. Meyer of Meyer, Ford, Glasser & Radman PLLC.

Delta is defended by Charleston attorneys J. Nicholas Barth and Stephen L. Thompson of Barth & Thompson. Gate Gourmet is defended by Charleston attorneys Charles R. Bailey and Daniel T. LeMasters of Bailey & Wyant PLLC.

Southern District of West Virgini case number 2:14-cv-00361; Kanawha Circuit Court case number: 13-C-2183