A Case of Air Rage in the Courts

N E W A R K,  N.J., March -- It was supposed to be the start of a family vacation, but it all went sour when dad lost his temper.

John Davis, , 29, of Fredericksburg, Va., is now on trial for allegedly injuring Continental Airlines ticket agent Angelo Sottile in a dispute at Newark Airport nearly two years ago.

Davis and 10 members of his were on their way to Walt Disney World in Orlando when their flight was delayed several hours. Witnesses say Davis grew angry and eventually tangled with Sottile.

The agent ended up with a broken neck and spent five days in a coma. Davis was charged with aggravated assault and faces a maximum sentence of 10 years if convicted.

Mixed Messages

"This is not a trial about air rage," prosecutor Leslie Mann told jurors in his opening statement Monday. "You're not going to make a decision and send a message; that's not what the case is about, that's not your function. We don't send messages."

No one disputes the fact of Sottile's injury or where it occured, but the parties do disagree about what provoked the dispute and who first attacked whom.

The prosecutor says an enraged Davis picked a fight.

The defense hopes to convince the jury that a surly Sottile started the whole thing by getting physical with Davis's wife who was merely tending to their restless toddler.

"You have a right to defend yourself and let the chips fall where they may," said defense attorney Anthony Pope. Of the agent and his injuries, Pope said, "He brought it on himself."

Crowds and Confusion

Pope suggests that tensions at Terminal C's Gate 115 on July 22, 1999, had a direct bearing on events that led to Sottile's injury. He says 300 or 400 people were waiting for their flights at the terminal — some for flights that had been delayed since 8 a.m.

The fight between Sottile and Davis broke out at 10 p.m., after the Davis's daughter went running down the boarding ramp and his wife tried to run after her. Sottile prevented her from entering the passageway.