Lawsuit of the Day: Another Day, Another Plane-tiff
When you go on a vacation and it doesn’t turn out well, it’d be nice to have it reimbursed. New York attorney Richard Roth, whose vacation to Argentina was ruined, has filed a suit against Delta Airlines to get them to reimburse him — and then some. From Reuters:
A New York lawyer is suing Delta Air Lines for $1 million, saying his family vacation turned into a nightmare after they were stranded in an airport for days and treated disdainfully by airline employees. Richard Roth, who filed the lawsuit on behalf of himself and his mother, said he planned the Christmas 2007 trip to Buenos Aires to celebrate his mother’s 80th birthday. She had grown up in the city, but had not returned in years, he said.Instead, Roth, his two teenage children, his wife and mother spent three days in airports, went days without their luggage, were treated rudely by airline employees and were forced to spend $21,000 on unused hotel rooms in Argentina, replacement clothes, and other costs.
“Through its gross negligence, malfeasance and absolute incompetence, Mr. Roth holds Delta responsible for ruining his vacation,” said the lawsuit, filed in New York state court.
One million bucks is a ridiculous demand, but who knows what a jury might do? The general consensus among everyone we know: airlines suck.
Aviation litigation has been all the rage this year. Here’s a legal round-up on why we hate flying:
Fellow passengers using your hair to join the mile-high club (Lawsuit of the Day: Overly Friendly Skies) Being demoted from coach to “turd class” (Lawsuit of the Day: Forced to Fly ‘Toilet-Class’) Not being able to wear a fake bomb on your shirt (From the Department of Dubious Defenses: Shouting Fire in a Crowded… Airport?) Being really annoyed because of the security lines and delays but not being able to hit anybody. Unless you’re Naomi Campbell. (Supermodel Campbell charged over ‘air rage’)
Lawyer sues Delta for ruining family vacation [Reuters]
Supermodel Campbell charged over ‘air rage’ [Breitbart]
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That's why I fly FIRST class.
The airlines are like Comcast. They more or less deserve whatever bad things happen to them. If the description's accurate, I hope the jury throws in some massive punitive damages.
FIRST to say that shit happens. When you assume the risk of shit happening, you don't get to sue when it happens.
Of course, I don't know the exact facts of the case, so maybe Delta actually went above and beyond to screw this guy over instead of just losing his luggage and delaying his flight.
Seriously if what he is saying happened, he deserves a bunch of money. Sure 1 million is excessive, but give him 3 times his out-of-pocket costs. Airlines SUCK!
Just to clarify, he's seeking 21,000 for OOP expenses, 275,000 compensatory, and then the rest in punitives.
This guy is a big time trial lawyer out of Hofstra. This will teach the airlines not to mess with Hofstra grads. He graduated "near the top of his class" and was a member of HLR, but I doubt he was a Magna, like me, so while I'm sure he could mop the floor with a typical Ivy Leaguer, I doubt he could take me down. Hopefully the airline finds a Hofstra grad to take this guy on, or else they better their check book ready.
"Mr. Roth received his B.A. degree, cum laude, from Union College in Schenectady, N.Y. and his J.D. degree from Hofstra University School of Law where he graduated near the top of the class. While at Hofstra Law, Mr. Roth served as Associate Editor of the Hofstra Law Review and published The Essence of the Agent Orange Litigation: The Government Contract Defense. "
http://www.rrothlaw.com/founder.htm
http://overlawyered.com/2008/05/doesnt-even-leave-the-airport/
Apparently they don't teach the law of damages and remedies at Hofstra.
This is yesterday's news -- seriously, this was all over CNN yesterday early afternoon.
How about some coverage of today's news, like Bill Murray's wife filing for divorce and raising allogations that he "travels overseas where he engages in public and private altercations and sexual liaisons."
Oh wait, maybe she just finished watching "Lost in Translation."
this guy seems not to have considered the terms and conditions of his ticket.
i would bet there is a wavier of all consequential damages. there is for almost every contract you sign these days and especially any form contract with a major company.
3:38 - stop with the anti-Hofstra trolling. 5:31 - those Ts and Cs are unconscionable and a Hofstra man will prove it.
This story got mold on it.
HofstraMagna: Please tone it down and stop embarrassing Hofstra Law grads. Please.
What to tone down? It's embarassing enough going to Hofstra.