Is the the lawsuit you mean:Lawyer Sues Delta Over Bad Trip Save Email Print Posted: 2:36 AM May 28, 2008 Last Updated: 2:36 AM May 28, 2008 Reporter: Stacey Hilton Email Address: stacey.hilton@wrdw.com 2 comments --------------------------------------... A | A | A A New York City lawyer has sued Delta Air Lines Inc. for nearly $1 million. He claims the company s incompetent and rude employees made his 80-year-old mother s birthday trip to South America a stressful, costly horror. Attorney Richard Roth says he and his family arrived in Buenos Aires, Argentina, almost three days late. He said he also had to spend unplanned thousands of dollars on food, hotels and transportation, and buy tickets for another airline. And because Delta misplaced his luggage, Roth s lawsuit says, he had to buy new clothes for himself and family members after arriving in Buenos Aires. Though he was promised Delta would bring his luggage, Roth says he had to drive to the airport in Buenos Aires to look for and retrieve his bags himself. He said Delta employees were rude and disrespectful when he asked for help and the ones who were friendly were ineffective. A Delta spokeswoman, Betsy Talton, said today that she could not comment on pending litigation. A lawyer---of course suing. Well you can sue for anything, but in this case i don t think anything will come of it.
Some jurisdictions have strict limitations upon punitive damages. Some don t. Under Canadian law, there are doctrines about contracts promising enjoyment and peace of mind. They mainly follow from a a 1973 English decision, oddly enough (by Lord Denning, not so oddly), that had a comparable fact pattern to this one - Jarvis v. Swan Tours. A person s vacation goes badly due to misrepresentations, and he thinks he s entitled to more than the money he dumped on the vacation. Lord Denning was quite sympathetic to his plight, and awarded aggravated damages. (Note, not punitive damages. Even under Canadian law, punitive damages are reserved for breach of fiduciary duty situations when it comes to contracts of peace of mind, like an insurer playing hardball - i.e. making unsubstantiated accusations of arson - to avoid paying out a claim.) I don t know if the U.S. has adopted a comparable approach. I don t even think the U.K. has really followed Jarvis v. Swan Tours.
This guy is an idiot. I really hope this case gets thrown out of court, because it will open up other lawsuits for the airlines. If a person can sue an airline over ruining a trip , then many more people would try to weasel money from them.
The lawyer will sue and if he wins he will collect $25,000. He has a case though and the airline is wrong and should be sued.
I think that the airlines are charging us fee s because of what some dumb *** terrorists did during Sept. 11th... To me I feel the American public has got angry, and that is letting the terrorists win.
Without knowing the facts of the case, there is no way to give an informed opinion.
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