A lawyer representing American Airlines has reportedly claimed that a 9-year-old girl who is suing the company should have been aware she was being videotaped by a flight attendant while using the airplane bathroom.
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The claim was made in legal documents filed on Monday as part of an ongoing lawsuit brought on by the girl’s family against the airline last year. Estes Carter Thompson III,37, was arrested for allegedly secretly filming multiple girls between the ages of 7 and 14 over several months last year, according to federal prosecutors. He was charged earlier this year with sexual exploitation of children and possession of child pornography depicting a prepubescent minor.
In the filing, American Airlines argued that the girl, referred to in court documents as Mary Doe, should have known a device was recording her in the bathroom. “Any injuries or illnesses alleged to have been sustained by Plaintiff, Mary Doe, were proximately caused by Plaintiff’s own fault and negligence, were proximately caused by Plaintiff’s use of the compromised lavatory, which she knew or should have known contained a visible and illuminated recording device,” the documents stated.
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The family’s lawyer, Paul Llewellyn, said they were livid with the airline’s statement and said it was an act of desperation and depravity, the New York Post.
American Airlines said in a follow-up statement that it would retract the statement and blame it on outside legal counsel.
“The included defense is not representative of our airline and we have directed it be amended this morning. We do not believe this child is at fault and we take the allegations involving a former team member very seriously.”