Is American Airlines Responsible for Sexual Assault of Flight Attendant? Trial Begins

Apr. 26—American Airlines is on trial in Fort Worth.

The civil trial in the case of Kimberly Goesling, a former flight attendant, versus the Fort Worth-based airline began Monday in the 342nd Judicial District Court under Judge Kimberly Fitzpatrick.

Kimberly Goesling, 52, retired from American Airlines in December after working for the airline for 30 years. The Fort Worth woman filed a lawsuit in January 2020 against the airline, saying she was removed her from her top position and retaliated against for reporting that celebrity chef Mark Sargeant, who was working with the airline, had sexually assaulted her while they were on a work trip in Germany.

Goesling said her story represents a company-wide problem of sexual harassment and retaliation at American Airlines. In an interview with the Star-Telegram in June, Goesling and her attorney said a significant number of other women had come forward to say they, too, were the victims of a sweep-it-under-the-rug culture at American Airlines.

Attorney Russell Cawyer, representing American Airines, said the case is an example of how " American Airlines backed its employee." After Goesling reported the alleged assault in February 2018, American Airlines canceled Sargeant's upcoming trip with the company and "he was never around another American Airlines employee." The airline investigated Goesling's complaint against Sargeant and ended its contracted with him, Cawyer said.

" Ms. Goesling has the right to have her day in court," he said. "You have an obligation to decide if American Airlines is responsible for the actions of an individual contractor."

Assault accusations

In the lawsuit against the airline, Goesling describes how, during a business trip in Germany in January 2018, Sargeant forced his way into her hotel room and sexually assaulted her. Goesling reported the assault to the company. In response, the airline removed her from her top position and retaliated against her, according to the lawsuit.

Sargeant has not been charged. The British chef is expected to virtually testify on Wednesday.

Goesling's attorney, Robert Miller of Miller Bryant LLP, said in opening statements Tuesday that Goesling tried to report Sargeant to German police, but the language barrier kept her from doing so. She went to Fort Worth police when she returned to Dallas-Fort Worth, but they were also not able to charge Sargeant since the alleged assault happened overseas.

The Tarrant County jury, Miller said Tuesday in court, must decide whether American Airlines — through its employees — wronged Goesling and caused her harm. Miller said testimony will show that American Airlines managers who were on the trip got Sargeant drunk, gave him Goesling's hotel room number and encouraged him to go to her room.

In text messages shown in court, Sargeant texted Goesling the morning after the alleged assault and said he was "way drunk" and "certain people encouraged me." He also texted Goesling "well done for resisting."

Miller said after Goesling's assault, American Airlines punished, harassed, re-victimized and violated Goesling. When she reported the assault to Human Resources, for example, Miller said a representative asked her what she was wearing. Goesling said in a previous interview with the Star-Telegram that HR and management discouraged her from making an official report, and she was removed from her top position and demoted.

American Airlines' attorneys disputed these claims in opening statements. American Airlines as a company did not provide Sargeant with a substantial amount of alcohol, Cawyer said in court Tuesday, and there is no evidence that an American Airlines employee gave the chef Goesling's room number. Moreover, he said, American Airlines is not responsible for the actions of an independent contractor. He and American Airlines are not in court to defend Sargeant's actions, Caywer said, but "we are defending the accusation that American Airlines aided and abetted" him.

Cawyer also mentioned texts between Goesling and Sargeant the morning after the alleged assault. He said Sargeant texted Goesling that he "was destroyed" and "ashamed and embarrassed." In a text back, Goesling said "there's no reason for you to be ashamed or embarrassed."

Caywer said Goesling was not retaliated against for reporting the assault, and her position as a member of a flight attendant group only changed because she reached the end of a two-year term.

In April 2021, Goesling spoke out about the assault in a video posted on social media, including in the Facebook group The MeToo Truth about American Airlines. When she retired in December, she sent a letter to the airline's CEO and urged him to "protect the women and men who work for you."

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