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Judge Napolitano: 'Too Fat to Fly' Lawsuit Against Delta Will Be Dismissed Immediately

Judge Andrew Napolitano weighed in on Fox Business Network this morning on a lawsuit that will reportedly be filed against Delta Airlines over a woman who died after she was deemed too fat to board a flight.

Vilma Soltesz, who weighed 425 pounds, died in Hungary after the airline tried unsuccessfully to get her on three different flights back to New York. She then reportedly waited in her hotel room while her husband tried to arrange a flight, and died of kidney failure after refusing to be treated by Hungarian doctors.

A second airline, Dutch carrier KLM, also tried unsuccessfully to get her on a flight in which she booked two seats.

If a lawsuit is filed against the airlines, Judge Napolitano believes it will be thrown out very quickly.

"The airline is not a guarantor of your health. The airline is not obliged to accept you and move you from point A to point B. ... This woman refused to accept treatment from European physicians whom she chose not to trust, for better or worse it's a judgment call she made. ... I think this case will be dismissed as soon as it is filed on the grounds that the airline had no obligation to assure her a healthy passage," said Napolitano.

He said he expects that the plaintiff will argue the airlines had an obligation to accommodate the woman under the Americans With Disabilities Act and should have been prepared to handle the situation.

Watch the full discussion:

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