American Airlines has issued a statement withdrawing a legal filing that blamed a nine-year-old girl for being filmed in an airplane bathroom by a male flight attendant
Estes Carter Thompson III, 37, was arrested in January after allegedly recording four underage girls — ages 7, 9, 11 and 14 — using the bathroom aboard several AA flights. He has pleaded not guilty.
In their response to a lawsuit filed by the nine-year-old girl’s family, the airline argued that it was not liable to the alleged victim because it should have known the bathroom had been compromised.
The airline now says it was a mistake by their external legal counsel, who were engaged by their insurance company.
“The attached defense is not representative of our airline and we ordered it to be changed this morning,” AA told DailyMail.com on Wednesday.
“We do not believe this child is guilty and we take the allegations involving a former team member very seriously.”
Estes Carter Thompson III, 37, was arrested in January after he allegedly recorded a total of four underage girls – ages 7, 9, 11 and 14 – using the bathroom aboard several AA flights
AA raised several defenses, including that they are not responsible due to “the doctrine of comparative negligence, contributory negligence, comparative responsibility, and/or comparative causation.”
AA’s legal defense continued: “Defendant would show that any injury or illness allegedly suffered by Plaintiff, Mary Doe, was allegedly caused by Plaintiff’s own fault and negligence, and that they were likely caused by Plaintiff’s use of the compromised toilet, which she knew or should have known that it was a visible and illuminated recording device.’
The plaintiff’s attorney, Caroline Recupero, said, “In other words, American Airlines is blaming a 9-year-old girl for being filmed by an American Airlines flight attendant, arguing that the child knew or should have known that it airplane toilet contained a recording device. .’
“It is our company’s position that this allegation is both embarrassing and absolutely outrageous.”
She added: ‘It is our company’s position that this claim is both embarrassing and absolutely outrageous.’
The 14-year-old teenager entered the bathroom and noticed red stickers on the bottom of the toilet seat lid that read ‘INOPERATIVE CATERING EQUIPMENT’, ‘REMOVE FROM SERVICE’ and ‘SEAT BROKEN’, handwritten in black ink on one of the stickers
Many have taken issue with AA’s legal filing, with one social media user saying the airline should have ‘sucked it up and paid compensation to the children involved’.
They added: ‘This defense makes them look heartless and downright stupid. It’s a PR nightmare that could easily have been avoided.”
Others have demanded the public boycott the airline over their legal response.
In the lawsuit, the girl’s parents allege that Thompson took photos of the girl in January 2023 while she was using the bathroom on the flight en route to Los Angeles. The girl and her family were on their way to Disney World and a gymnastics competition.
The images, recovered by the FBI from Thompson’s iCloud, showed the girl’s face, buttocks and genitals, according to the complaint.
The alleged child abuse material was found after Thompson was arrested after a 14-year-old girl told her family about the camera in the plane’s bathroom.
Many have taken issue with AA’s legal filing, with one social media user saying the airline should have ‘sucked it up and paid compensation to the children involved’
The FBI subsequently found other victims, including the nine-year-old from Texas, after searching his devices and iCloud, as well as AI-generated pornography.
“It felt like we were living a nightmare when the FBI showed up at our door to tell us that our daughter had been secretly filmed by an American Airlines flight attendant. Since then, our daughter has struggled with fear and worry,” the nine-year-old girl’s family told DailyMail.com in a statement.
‘We are doing everything we can to support her during this traumatic time. An important part of our family’s healing is ensuring that the flight attendant and American Airlines are held accountable for what happened to our daughter. We hope this lawsuit is the first step in ensuring something like this never happens to another family again.”
Investigators said that about halfway through the Sept. 2, 2023, flight from Charlotte to Boston, the 14-year-old got up to use the main cabin restroom closest to her seat, only to find it occupied.
Thompson then told her the first-class restroom was empty and escorted her there, investigators said. Before she entered the bathroom, Thompson allegedly told her he needed to wash his hands and that the toilet seat was broken.
After leaving, the teen entered the bathroom and noticed red stickers on the bottom of the toilet seat lid, which was open, reading “INOPERATIVE CATERING EQUIPMENT,” “REMOVE FROM OPERATION,” and “SEAT BROKEN,” handwritten in black ink on one of the stickers, according to court documents.
Under the stickers, Thompson had hidden his iPhone to record a video, investigators said. The girl used her phone to take a photo of the stickers and hidden iPhone before leaving. Thompson then immediately returned to the bathroom.
The girl told her parents, and her father confronted Thompson, who locked himself in the bathroom with his iPhone three to five minutes before the plane’s descent, investigators said.
The minor’s parents also informed other flight attendants and the captain was informed. The captain then contacted the police on site.
When the plane landed, police said Thompson’s phone may have been reset to factory settings while he was locked in the bathroom.
A search of Thompson’s suitcase found 11 “INOPERATIVE CATERING EQUIPMENT” stickers, investigators said. A search of his iCloud account reportedly revealed four additional instances between January and August 2023 in which Thompson recorded a minor while using the restroom on an airplane.
In the lawsuit, the nine-year-old girl’s parents allege that Thompson took photos of the girl in January 2023 while she was using the bathroom during the flight en route to Los Angeles (stock photo)
American Airlines said in a statement that it takes the accusation very seriously. They also said the flight attendant was “immediately excluded from duty following the incident in September 2023” and has not worked since.
“They do not reflect our airline or our core mission of caring for people,” the statement said. “We have fully cooperated with law enforcement authorities in the investigation because nothing is more important than the safety and security of our customers and team.”