United agrees to preserve cockpit recording for controversial flight

CHICAGO — United Airlines and Chicago's Department of Aviation have agreed to preserve a cockpit recording and other evidence related to the forced removal of a Kentucky man from a flight last week that spurred global uproar.

Attorneys for the Kentucky passenger removed from the Chicago-to-Louisville flight have not yet filed a lawsuit. But the lawyers for David Dao requested two days after the controversial incident that a judge order United and the city's aviation department to preserve several pieces of evidence that could potentially be used in litigation.

Among the items that Dao's attorneys requested be retained are surveillance video recordings depicting the boarding of all passengers on the United Express flight, the cockpit recording, passenger list for the flight, employee and crew list, incident reports filed in the aftermath of the encounter and personnel flies for the Chicago aviation officers who removed Dao from the plane.

Judge Sanjay Tailor approved the request and ordered that both "Petitioner and Respondents' employees involved in the incident or investigation agree to preserve and protect all items, including, but not limited to, video recordings and documents and materials in their possession related to the incident."

Dao, 69, suffered a concussion, broken nose and damaged sinuses and lost two front teeth when he was dragged off the April 9 flight to make room for United personnel, according to Dao’s attorney, Thomas Demetrio.

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The Chicago-based airline faced an angry public backlash after videos emerged of the confrontation on United Express Flight 3411 at Chicago's O'Hare Airport, which drew hundreds of millions of views around the world.

United has said all 70 seats on the Louisville-bound flight were filled when four passengers were told they had to give up their seats to accommodate crew members needed in Louisville the next day. The passengers were selected based on a combination of criteria spelled out in United’s contract of carriage, including frequent-flier status, fare type, check-in time and connecting flight implications, according to United.

Three passengers went without incident. Dao, who was flying with his wife, balked.

Chicago aviation authorities were called and a wild scramble ensued as passengers recorded away. The videos show three security officers speaking to Dao. One of the men grabs him, and he screams as he is yanked out of his seat and pulled down the aisle. Another video shows him bloodied and repeatedly saying, "I have to go home."

United Airlines has apologized for the incident and announced it will no longer allow crew members to take the seats of passengers who have already boarded a plane.

Follow USA TODAY Chicago correspondent Aamer Madhani on Twitter: @AamerISmad