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Etihad Airways says it will fight a lawsuit by an Australian passenger who says he was left with back pain because he was seated beside an overweight man on a 14-hour flight from the United Arab Emirates to Sydney.

James Bassos is suing the Abu Dhabi-based airline in the Queensland state District Court over a permanent back injury he says he suffered while trying to avoid his fellow passenger on the 2011 flight. He is claiming $227,000 Australian dollars ($166,000) for medical expenses and lost earnings.

Etihad predicted in a statement on Friday that a court-ordered medical assessment in December would bring the case to a swift end.

The airline this week failed to have the lawsuit thrown out. Bassos could not be immediately contacted for comment.

This content appears as provided to The Globe by the originating wire service. It has not been edited by Globe staff.

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