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Texas flight company seeking to throw passenger’s suit out of federal court

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TX– A Texas aviation company is seeking to throw out a lawsuit filed by a Chester County woman, who claimed she was physically assaulted by an American Airlines baggage claim agent at the Philadelphia International Airport last year, after inquiring about her missing bag.

Kathleen Makowka of Malvern first filed suit in the Philadelphia County Court of Common Pleas on Feb. 16 versus PrimeFlight Aviation Services, Inc., of Sugar Land, Texas.

The suit said the incident in question occurred between the hours of 7 p.m. and 9 p.m. at the American Airlines Baggage Claim Office in Terminal F, at the Philadelphia International Airport.

“On July 6, 2020, plaintiff was at the baggage claim office trying to locate her bag after her flight had been canceled. An employee of the defendant, Revonna Murray, was asked questions by plaintiff regarding the location of her bag. Murray is an agent of the defendant, acting within the course and scope of her employment with the defendant,” the suit stated.

“Defendant became hostile and was yelling at plaintiff, left her spot behind the desk, moved around the desk and proceeding to physically attack plaintiff, hitting plaintiff at least one time with two fists.”

As a result, plaintiff suffered injuries causing her great pain. She was injured, in shock and scared, according to the lawsuit, leaving the scene after the attack due to fear and pain.

“She saw a police officer enter the baggage terminal, and plaintiff was still in shock and out of breath. Unable to use her voice to get the officer’s attention, she waived an officer down and made a report,” per the suit.

“As a further result, defendant has caused plaintiff to incur expenses for necessary and reasonable medical treatment. Plaintiff has suffered and will continue to suffer severe physical pain, mental anguish, embarrassment, humiliation and other incidental costs.”

The defendant removed the case to the U.S. District Court for the Eastern District of Pennsylvania on March 2, citing diversity of citizenship between the parties and the amount in controversy as grounds for the removal.

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