James Andres Bassos has taken Etihad Airways to court in Queensland saying he was forced to twist and contort his body for long periods on a 2011 flight from Sydney to Dubai.
Mr Bassos’ District Court claim states the ‘grossly overweight’ passenger was spilling into his seat, was coughing frequently and had fluid coming from his mouth.
After five hours he asked to be moved but airline staff had allegedly refused.
Half an hour later, Mr Bassos complained again and he was moved to a crew seat.
However, he had to return to his seat next to the fat man later for another hour, and again for the final 90 minutes of the flight for security reasons, according to court documents.
Mr Bassos is claiming damages for personal injuries, saying that being forced to twist his body for such a long time to avoid contact with the other passenger gave him a back injury and exacerbated an existing back condition.