Jurors received incorrect instructions even after judge agreed to change them
FORT WORTH, TX, May 18, 2022 /PRNewswire/ — Lawyers representing a former American Airlines (NASDAQ:AAL) flight attendant in her sexual assault case against the airline are seeking a new trial after learning that jurors in the case had received an instruction that the judge had agreed to remove from the charge of the jury.
Last week, a jury found that a celebrity chef hired by American had in fact sexually assaulted Kimberly Goeslingbut did not assign any responsibility to the airline.
But on reviewing the jury verdict form, Ms Goesling’s lawyers noticed that one of the questions the jury had to answer included a line which the plaintiff’s lawyers had objected to in court and which the court had accepted to delete.
“It is not a legal formality. It is the court giving the jurors an instruction which does not respect the law”, says the lawyer Robert Miller of Miller Bryant LLP in dallas. “It’s crucial because after the verdict we spoke with some of the jurors and the part we’re talking about is what tripped them up.”
Mr. Miller’s motion asks the court to overturn the verdict and order a new trial in the case. To review a copy of the motion, Click here.
The just-concluded trial included testimony from Ms Goesling, who described her treatment by the airline after reporting the 2018 assault, which happened in her hotel room at Germany. She told jurors that she was attacked by a celebrity chef that American hired without performing a background check. Evidence in the case showed the airline continued to employ him even after learning of previous allegations against him of alcohol abuse and inappropriate conduct towards women.
She first publicly told the story of what happened to her – and American’s role in it – in a Facebook and Instagram video from 2021. Ms Goesling airline retiree in December 2021. To visit metooaa.com for more information.
The case is Kimberly Goesling against American Airlines et al., Case No. 342-314565-20 in the 342nd Judicial District Court of Tarrant County.
dallasMiller Bryant LLP is a national practice that represents catastrophically injured people and those who have been harmed by the negligent acts of others. More information at https://www.miller-bryant.com/.
SOURCEMiller Bryant LLP