NEWS Male passenger sues Etihad over 'injuries' he received from sitting next to an obese passenger (@CNN)

Etihad is being sued by a man who has claimed that because he was seated in economy next to an overweight passenger  has left him with has left him with back injuries, during a flight from Abu Dhabi to Sydney in 2011.

The passenger, James Bassos, says he was required to "control and twist" his body to avoid any contact with his neighbour, who "coughed frequently" and "expelled fluid from his mouth", according to papers from court.

"After complaints and complaints to the cabin crew, he was given limited access to a crew seat but still required to spend long stretches of time in a position which he claims caused a back injury and aggravation of an existing back condition" (The court papers say)

Etihad has tried to have the case dismissed, this relates to a flight in October 2011.