British Airways passenger ‘injured next to Jonah Lomu-sized tourist’ loses claim against airline

A British Airways passenger who said he was injured after being forced to sit next to a holidaymaker “the size of Jonah Lomu” has lost his claim against the airline.

Stephen Prosser, 51, sued BA over his experience on a flight from Bangkok to Heathrow, during which he sat next to an obese man he claimed resembled the late rugby legend.

Mr Prosser said sitting next to the tourist – described as 6ft 4in and weighing around 22 stone – had resulted in a continual back spasm and an injury causing a joint at the bottom of his spine to dysfunction.

The Welshman, who is 5ft 3in, told Pontypridd County Court the man was so large “that he had to force his buttocks between the arm rests of the seats”.

But district judge Andrew Barcello dismissed his civil claim against the airline after telling the self-employed engineer that his description of his fellow passenger was “exaggerated”.

The judge said that Mr Prosser – who claimed his injuries had resulted in a loss of earnings as he had been unable to work overtime – could have just asked to swap seats with another passenger.

“He need only have explained to fellow passengers that he was finding the flight uncomfortable, rather than knowingly subject himself to an injurious event,” the judge said of Mr Prosser.

“In my view, his statements were his statements were intended to increase the size of the claimed encroachment and to create an exaggerated picture, rather than a genuine account.

“I accept that the passenger in seat 37J was a large man, both in the sense that he was very tall, broad, and carried significant body weight. It is likely that there were occasions when, as a result of his size or his movements within his chair, that he did cause an inconvenience to Mr Prosser.

“But I do not accept the suggestion that his size was such that Mr Prosser was compelled to sit in an awkward way for the duration of the flight by virtue of him encroaching upon his seating area.”

Judge Barcello added that Mr Prosser had “unrealistic” expectations of how much room he should have had “given the class of cabin he chose” for the January 2016 trip.

Earlier in the hearing, Mr Prosser insisted he had raised his concerns with cabin crew but was told the Boeing 777 was fully booked and that there was no possibility of swapping seats with anyone.

He did not mention his discomfort to the passenger concerned, who he said seemed self-conscious, but denied he was taking dramatic liberty by comparing him to New Zealand great Lomu, who died aged 40 in November 2015.

Chris McLindon, the customer service manager on board the flight, said in a witness statement that Mr Prosser did not seem to be in any discomfort and “at times he was asleep”.

Following the verdict, a spokesman for the airline said: “We are pleased that the court agreed that Mr Prosser had room to fly comfortably.

“Our cabin crew will always do their best to make sure all our customers have a smooth journey, and in this case provided extra pillows and blankets to help Mr Prosser sleep.”

(c) Sky News 2018: British Airways passenger ‘injured next to Jonah Lomu-sized tourist’ loses claim against airline