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A San Francisco man has sued Alaska Airlines alleging negligence led to the death of his beloved 3-year-old French bulldog after he was asked to move from first class to coach on a flight from New York to San Francisco.
Michael Contillo claimed he purchased a first-class ticket specifically to give his pup, Ash, more space and to keep him around fewer people on the Feb. 1 flight. However, Contillo was asked to move to coach, which caused Ash to become anxious and led to health issues culminating in the dog’s death, the complaint says.
The lawsuit, filed Oct. 16 in San Francisco County Superior Court against Alaska Airlines, alleges breach of contract, negligence, negligent hiring and supervision and negligent infliction of emotional distress. It seeks punitive damages to be determined at trial.
The complaint says that in November, Contillo had traveled from San Francisco to New York with his father and two French bulldogs — Ash and Kora. On that trip they flew first class without incident, and both French bulldogs arrived safely in New York, it says.
The suit says that both dogs were healthy during their stay in New York and that the plaintiff took the bulldogs to a veterinary hospital to get checked out ahead of their return flight to San Francisco to make sure they were healthy enough for the journey.
“The Vet confirmed that both dogs were healthy and would be safe to take a cross-country flight,” the suit says.
On Feb. 1, Contillo and his father traveled back to San Francisco International Airport, along with the two dogs. Contillo had purchased two first-class tickets with his father to “ensure that the dogs had more space and that they would be able to board the flight early,” the suit says.
The suit says he followed Alaska Airlines’ policy, reserving both in cabin dogs ahead of the flight by calling and reserving the first-class space, paying an additional $100 per dog at the airport and transporting the dogs in carriers compliant with size requirements.
They were initially placed in the fourth row, it says.
However, shortly before takeoff, “an Alaska Airlines flight attendant and another unknown male employee of Alaska Airlines asked the Plaintiff and his father to move to aisle 11 of the Plane for safety purposes,” the complaint says.
Contillo explained that moving the dogs before takeoff would be “extremely dangerous for the dogs,” noting that they were “calm at the moment” but “would not be calm anymore now that the plane was full of people,” the suit says.
“To move the dogs now would make them very anxious and excited, which would lead to extremely dangerous breathing and heart problems. This change could be lethal for a dog, especially right before you change altitudes,” it says.
The new seats Contillo and his father were asked to move to were closer to more people and had less space for the dogs to breathe, the suit contends. It alleges that the employees “ignored everything that was said” and says Contillo ultimately complied.
Then “Ash immediately started breathing very quickly and heavily, with noticeable anxiety.” The suit says that Contillo was instructed to close the carrier and that he complied but noticed that Ash “stopped moving but could not check on him until after a certain altitude had been reached.”
By the time Contillo and his father got off the plane in San Francisco, Ash’s body “was entirely in rigor mortis,” the complaint says.
“Rigor Mortis does not really set in until about 4 hours after death for dogs. The flight was over 5 hours in length. The plaintiff and his father confirmed that Ash was indeed dead and immediately started to weep,” it says.
The American Veterinary Medical Association notes that short-nosed breeds, such as pugs and bulldogs, are more likely to die on airplanes than dogs with normal-length muzzles, because those breeds are more prone to respiratory problems. The organization suggests that such breeds should be in the passenger cabin.
The suit alleges that the crew and the pilot “showed no sympathy” for Contillo over his dog’s loss.
“No one stopped to show concern, offer condolences, or show the slightest bit of compassion,” it says.
As of the lawsuit’s filing, Contillo said, he had not heard from any airline representative about the death of his dog, described as “like a son to his owner, who did not have children of his own,” the complaint says.
“Because of the unjustifiable move, the Plaintiff’s dog Ash died. Alaska Airlines employees should have known the requirements needed to avoid that happening,” it claims.
Alaska Airlines and attorneys for Contillo did not immediately respond to requests for comment.
Marlene Lenthang is a breaking news reporter for NBC News Digital.
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