Order 03-01-26

Order 03-01-26

Dr. Maureen Lynch v. British Airways

Order 03-01-26
OST-02-12378

Issued and Served January 27, 2003

Order Dismissing Complaint

Violations of Air Carrier Access Act of 1986

On review of the Complainant's petition, we see no reason to alter the determination in Order 2002-11-11 to dismiss her complaint. The Complainant concedes that she was late in arriving at the departure gate and has offered, as basis for a revision of our prior decision, only the bare assertion that she is not satisfied with the air carrier's explanation of the difficulty in bringing a wheelchair aboard the aircraft used on the flight. We do not believe that it is reasonable to impose further evidentiary requirements on the carrier absent a prima facia rebuttal showing by the Complainant which would call into question the carrier's submissions that on their face are credible. The Complainant has failed to make such an initial showing. We therefore affirm the prior decision to dismiss the complaint and find that further review of this matter is not in the public interest.

By: Rosalind Knapp