A San Francisco man has sued Alaska Airlines alleging negligence led to the death of his beloved 3-year-old French bulldog after he was asked to move from first-class to coach on a flight from New York to San Francisco.
Michael Contillo claimed he specifically purchased a first-class ticket to give his pup, Ash, more space and to keep him around fewer people on the Feb. 1 flight. However, Contillo was asked to move to coach, which caused Ash to become anxious, and led to health issues culminating in the dog’s death, the complaint said.
The lawsuit, filed Oct. 16 in San Francisco County Superior Court against Alaska Airlines, alleges breach of contract, negligence, negligent hiring and supervision, negligent infliction of emotional distress, and seeks punitive damages to be determined at trial.
The complaint says that in November 2023, Contillo had travelled from San Francisco to New York with his father and two French bulldogs — Ash and Kora. On that trip they flew first class without incident and both French bulldogs arrived safely in New York.
The suit alleges both dogs were healthy during their stay in New York and the plaintiff took the bulldogs to a veterinary hospital to get checked out ahead of their return flight to San Francisco to make sure they were health enough for the journey.
“The Vet confirmed that both dogs were healthy and would be safe to take a cross-country flight,” the suit said.
On Feb. 1, Contillo and his father travelled back to SFO Airport, along with the two dogs. Contillo had purchased two first-class tickets with his father to “ensure that the dogs had more space and that they would be able to board the flight early.”
The suit said that he followed Alaska Airlines’ policy, reserving both in cabin dogs ahead of the flight by calling and reserving the first-class space, paying an additional $100 per dog at the airport, and transporting the dogs in carriers compliant with size requirements.
They were initially placed in the fourth row.
However, shortly before take off, “an Alaska Airlines flight attendant and another unknown male employee of Alaska Airlines asked the Plaintiff and his father to move to aisle 11 of the Plane for safety purposes,” the complaint said.
Contillo explained that moving the dogs before takeoff would be “extremely dangerous for the dogs,” noting that they were “calm at the moment” but “would not be calm anymore now that the plane was full of people.”
“To move the dogs now would make them very anxious and excited, which would lead to extremely dangerous breathing and heart problems. This change could be lethal for a dog, especially right before you change altitudes,” the suit said.
The new seats Contillo and his father were asked to move to were closer to more people and had less space for the dogs to breathe, the suit contends. However the employees allegedly “ignored everything that was said” and Contillo ultimately complied.
Then “Ash immediately started breathing very quickly and heavily, with noticeable anxiety.” The suit said that Contillo was instructed to close the carrier, and he complied, but noticed that Ash “stopped moving but could not check on him until after a certain altitude had been reached.”
By the time Contillo and his father deboarded at the San Francisco International Airport, Ash’s body “was entirely in rigor mortis.”
“Rigor Mortis does not really set in until about 4 hours after death for dogs. The flight was over 5 hours in length. The plaintiff and his father confirmed that Ash was indeed dead and immediately started to weep,” the complaint said.
The American Veterinary Medical Association notes that short-nosed breeds, such as pugs and bulldogs, are more likely to die on airplanes than dogs with normal-length muzzles, because these breeds are more prone to respiratory problems. The organization suggests that such breeds should be in the passenger cabin.
The suit alleged that the crew and pilot “showed no sympathy” for Contillo over his dog’s loss.
“No one stopped to show concern, offer condolences, or show the slightest bit of compassion,” the suit said.
As of the lawsuit’s filing, Contillo said he did not hear from any airline representative about the death of his dog, described as “like a son to his owner, who did not have children of his own,” the complaint said.
“Because of the unjustifiable move, the Plaintiff’s dog Ash died. Alaska Airlines employees should have known the requirements needed to avoid that happening,” the filing claimed.
NBC News has reached out to Alaska Airlines and attorneys for Contillo for comment.
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