(CNN) Obesity is already a big issue in aviation, now a court case in Australia could make it even bigger.

Abu Dhabi-based airline Etihad is being sued by a man who claimed that being seated in economy next to an overweight passenger during a flight from Dubai to Sydney left him with back injuries.

James Bassos says he was required to "contort and twist" his body to avoid contact with his neighbor, who coughed frequently and "expelled fluid from his mouth," according to court papers

"After repeated requests of cabin crew, Mr Bassos was given limited access to a crew seat but was 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 papers reveal.

Eithad has tried to have the case, which relates to a flight in October 2011, dismissed.

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