Why is this doctor suing Austrian Airlines?

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By Hannah Edensor


An Aussie brain surgeon is suing Austrian Airlines over the physical and psychological injuries he suffered when his pinky finger got caught in the plane’s tray table.

Dr David Walker was flying from Brisbane to Manchester, England, via Bangkok and Vienna, on July 5 2016, per Fairfax reports, when his finger got trapped in a collapsing tray table in his business class seat.

Walker filed a statement of claim in the Queensland Federal Court, with the neurosurgeon saying cabin crew had folded out the horizontal table tray from his armrest before serving his meal somewhere between Bangkok and Vienna.

But when the crew did not return to retract his table post-meal, Walker said it stopped him from being able to recline his seat.

Dr Walker claimed he attempted to retract the armrest himself, at which point it “malfunctioned” and “snapped back suddenly without warning”.

“The fifth finger on the right hand of the Applicant became jammed in between two of the parts of the horizontal tray-table resulting in severe pain and injury,” the statement of claim read, per Fairfax.

“The Applicant, with his son’s assistance, was able to pull the finger out of the jammed parts of the horizontal fold-out tray after several seconds.

“Due to the severe pain and realisation of the injury to the finger, the Applicant lost consciousness briefly.”

Per Fairfax, Dr Walker claims he suffered a fracture and “intra-articular extension” to the finger, as well as soft tissue injuries and trauma to the nail bed. This has, per the claim, left him with a permanent disability, and as a result, severe anxiety and depression as he can no longer work as a neurosurgeon.

The claim intends to seek compensation to cover Walker’s loss of income as a result of physical and mental injuries, and future medical expenses.

Per Fairfax, Dr Walker has not told the court how much money he is seeking through compensation, but is relying on the Montreal Convention, an international treaty on compensation for airline passengers, and Australia’s Civil Aviation Carriers’ Liability Act, in order to successfully make the claim.

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