Legal action over plane seat lost

Mr Brown said he's still waiting for an apology from the company

A Middlesbrough man deemed too fat to fly has lost his case against the travel company he claims would not accommodate him.

Dave Brown, who weighs 29 stone, had to abandon going on holiday to Turkey last August because he could not fit into any of the aeroplane's seats.

At Teesside small claims court he was told he would not get compensation from Thomas Cook.

Mr Brown was ordered to pay the firm's lawyer's travel expenses.

A district judge ruled that no mention of David Brown's size requirements had been made at the time the holiday was booked and that every attempt had been made to accommodate him on the flight to Turkey.

Thomas Cook has already reimbursed the cost of Mr Brown's holiday.

Mr Brown said he was unhappy about the decision.

He said: "I'm still after the apology. That's all I ever wanted. It's not been about the money. It's been about the apology.

"The money would have been nice but it's the apology -even today there's still no apology. I've got no regrets about going to court."

Virtual recluse

Mr Brown had booked the holiday with his wife Margaret.

Problems arose, after the couple boarded the plane, when the crew realised that the aircraft's special medical seats were not adequate.

Mr Brown said the incident had left him a virtual recluse.

A statement from Thomas Cook Airlines said: "Once on the aircraft, our crew realised additional space was required but were unable to seat Mr Brown in a comfortable manner to comply with safety requirements for taxi, take-off and in-flight.

"We would like to highlight that at all times we acted purely for his and the other passengers' safety and comfort."

At the court hearing, Mr Brown was ordered to pay £26 in expenses to Thomas Cook to pay for their train fare.

After the hearing, Mr Brown said of his confidence: "It's not so much going out, it's getting on public transport which is the worst, and I think this has knocked it back even further."

Mr Brown's wife said: "I'm glad we came and we've heard the full fact of it. It's upsetting and we've had to pay out at the end of it again.

"I need for him to get his confidence back now and start getting him to travel away, going places because he's never travelled anywhere since."