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Fighting Back—Disgruntled Passenger Sues Airline for $1 Million

If I were a lawyer I might have done the same.

Possibly.

In a move that should come as no surprise to any passenger who has experienced a travel nightmare courtesy of a commercial airline, a New York lawyer just announced that he is suing Delta Air Lines for $1 million. According to court documents, Richard Roth claims that the carrier ruined his family’s vacation by leaving them stranded in an airport for days and treating them like second-class citizens.

Roth, who filed the lawsuit on behalf of himself and his mother, said he planned a Christmas 2007 trip to his mom’s childhood home in Buenos Aires as an 80th birthday gift. But instead of celebrating the milestone in paradise Roth says 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.

According to the lawsuit filed in New York, “Through its gross negligence, malfeasance and absolute incompetence, Mr. Roth holds Delta responsible for ruining his vacation.”

How many of us have been there?

Court filings show that after the Roth’s initial flight from New York was delayed by more than two hours, the family was not allowed to board their connecting flight in Atlanta. When that happened Roth says, “A Delta employee literally walked away chuckling.”

The court document goes on to say that after waiting in the airport for hours, Roth was told that the next available flight would not depart for another two weeks. At that time Roth claims he booked another flight through a different airline and arrived in Argentina three days later than planned. Adding insult to injury, Roth says, the family was not reunited with their luggage for more than five days.

“Suffice it to say, Mr. Roth’s elderly mother was a mess. And she has been suffering ever since. The kids are all upset. And it was Christmas Eve. Mr. Roth had spent one-half of his vacation in Buenos Aires chasing Delta and its incompetent representatives,” the lawsuit said.

As for Delta Air Lines, they had no immediate comment about the filing.

But Roth says that’s just par for the course. The angry attorney says he tried to work with Delta to get reimbursed, but was repeatedly rebuffed. Roth told news reporters last week that his lawsuit was a last resort.

Have you dealt with a similar travel nightmare?

Related Articles:

The Ultimate Travel Nightmare

Holiday Travel Nightmares

The Nightmare of Redeeming Frequent Flyer Miles

Preparing For Travel Delays

Preparing For Travel Delays–Part 2

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About Michele Cheplic

Michele Cheplic was born and raised in Hilo, Hawaii, but now lives in Wisconsin. Michele graduated from the University of Wisconsin-Madison with a degree in Journalism. She spent the next ten years as a television anchor and reporter at various stations throughout the country (from the CBS affiliate in Honolulu to the NBC affiliate in Green Bay). She has won numerous honors including an Emmy Award and multiple Edward R. Murrow awards honoring outstanding achievements in broadcast journalism. In addition, she has received awards from the Aircraft Owners and Pilots Association for her reports on air travel and the Wisconsin Education Association Council for her stories on education. Michele has since left television to concentrate on being a mom and freelance writer.