Brisbane man James Bassos, 38, is seeking damages, reportedly Aus dollar 227,000 (USD 165,000), after claiming he suffered permanent health problems from being forced to twist and contort his body to avoid contact with the other passenger "whose body encroached into his seat".
The District Court in Brisbane yesterday heard that the obese passenger also frequently coughed and "expelled fluid from his mouth" during the flight in economy class from Abu Dhabi to Sydney in 2010.
Etihad's lawyers last week attempted to have the case thrown out but District Court Judge Fleur Kingham refused their request and ordered Bassos to undergo a medical assessment.
The Abu Dhabi-based airline said it would continue to fight the lawsuit.
"Etihad Airways will continue to oppose the action and now that Mr Bassos will finally face a medical assessment in December 2015, as directed by court, we believe that the matter will proceed to an early conclusion," the carrier said in a statement today.
