Sawyer v. Southwest Airlines Co.

Louise Sawyer and Grace Fuller (the sisters) (plaintiffs) sued Southwest Airlines Co. (Southwest) (defendant) for intentional infliction of emotional distress (IIED) after a flight attendant said an allegedly racist nursery rhyme. The sisters, who were African American, were looking for a seat when flight attendant Jennifer Cundiff said over the intercom, “eenie, meenie, minie, moe, pick a seat, we gotta go.” The sisters were the only passengers in the aisle, and many passengers snickered at them. Cundiff’s comment humiliated and angered the sisters, and Fuller’s hands began shaking. To prevent a seizure, Fuller took her epilepsy medication and tried to calm down. Three days later, Fuller had a grand mal seizure. Cundiff made the same comment on previous similar flights that were running late and where passengers were in the aisle trying to find seats. Dr. Ivan Osorio treated Fuller for seizures for three years, and he believed that she could have a seizure at any time or place because of her epilepsy. According to Fuller, stress triggered her seizures, but Osorio could not identify any that occurred due to stress. Osorio also testified that shaking hands might be a side effect of Fuller’s medication. Fuller did not seek professional counseling after the flight because a doctor cannot do anything after a seizure occurs. However, she called Osorio’s office and told Osorio’s nurse that she had a loss of appetite and difficulty sleeping. Southwest filed a motion for summary judgment.