DEL.ICIO.USNew Yorker's lawsuit says birthday flight for 80-year-old mother was three days late
Associated Press
Published on: 05/27/08
NEW YORK — A New York City lawyer has sued Delta Air Lines for nearly $1 million, claiming the company's incompetent and rude employees made his 80-year-old mother's birthday trip to South America a stressful, costly horror.
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Attorney Richard Roth says not only did he and his family arrive in Buenos Aires, Argentina, almost three days late, he 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.
During the ordeal, Roth's court papers say, several Delta employees were "nasty," "rude," "obnoxious" and "totally disrespectful." Those who were courteous were generally ineffectual in assisting him, the court papers say.
A Delta spokeswoman, Betsy Talton, said Tuesday that she could not comment on pending litigation.
Roth, 49, of Scarsdale, N.Y., said he arranged for his mother to fly to her native Argentina during the 2007 Christmas holidays. He says he and his family were scheduled to fly from the Westchester County Airport the evening of Dec. 20.
Roth said he was with his mother, his wife and his teenage son and daughter. They were to meet a 20-year-old cousin in Atlanta and take a connecting flight to Buenos Aires where they would celebrate his mother's 80th birthday.
In Atlanta, say court papers filed Friday in Manhattan's state Supreme Court, a gate agent refused to let Roth and his family onto the jet for the connecting flight, although the plane was sitting at the gate with the door open.
Roth says his cousin, already on the plane, told him by cellphone there were several empty seats. When Roth asked the agent to speak to the pilot, he replied, "The pilot is not in charge here. I am. All the pilot does is fly the plane."
Roth's court papers say that after he and his family spent two nights in Atlanta, a ticket agent told him Delta could not get him to Argentina before Jan. 8. So they flew to Florida, spent a night there and took an Aerolineas Argentina flight to Buenos Aires after buying one-way tickets, court papers say.
Roth said he and his family returned to New York aboard a Delta flight on Dec. 31.
Roth said Tuesday he wants $21,000 for out-of-pocket expenses and another $275,000 in compensatory damages for emotional distress. He said he also wants punitive damages that would be at least three times the compensatory amount.
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Comments
By Joey
Jun 7, 2008 11:26 PM | Link to this
Just wanted to make sure the message gets through to your thick head, moron!
By Ed
Jun 7, 2008 1:53 PM | Link to this
Joey...we are called stupid by someone who hits post three times when it clearly states within 1/4 inch, "There will be a delay of up to 5 minutes before your comment appears". You are a better example of stupid than any of us and you are ignorant of the fact that you are stupid.
By Joey
Jun 7, 2008 10:28 AM | Link to this
I think they're both stupid. That goes for you too, Ed.
By Ed
Jun 6, 2008 3:00 PM | Link to this
"C"BERRY----Calm down. You are letting that punk over-traveled pull you down closer to his level. You don't belong there. You are neither stupid or ignorant, two traits required to be like him.
By Nonoy
Jun 6, 2008 1:40 AM | Link to this
Kids... kids.... :)
By "C"BERRY
Jun 5, 2008 11:03 PM | Link to this
DEAR over-traveled--THANKS FOR MAKING MY POINT. THE WORD I'LL BE CALLING YOU IS IGNORANT. NOT STUPID. THERE IS NO CURE FOR IGNORANT!! STUPID PEOPLE CAN BE TAUGHT. OBVIOUSLY YOU CAN READ, YOU JUST CAN'T ABSORB INFORMATION.
I SURE DO MISS THE GOOD OLD DAYS WHEN WE DIDN'T HAVE ALL OF THIS SECURITY!!
I WILL DREAM TONIGHT ABOUT GETTING YOUR
LAST MINUTE BAGS GOING TO BFE ON BOARD AND LEAVING YOUR LATE ARRIVING BUTT AT THE GATE. LET ME ANTICIPATE YOUR RESPONSE "NOT MY FAULT, THERE WAS TRAFFIC." AND "WHERE'S MY BAGS?"
THAT'S EASY ALSO. THEYR'E IN BFE !! LEARN THE RULES OR PAY THE PRICE.
By over-traveled
Jun 5, 2008 9:46 PM | Link to this
C-BERRY, at first I couldn't believe what I was reading. But then I busted out laughing. A Delta employee, although retired, is in a public forum refering to their customers as "not over learned", "ignorant of the rules" and "shysters". I can see why Delta is such turmoil. It's not just the price of oil. It's attitudes like yours. You bring a lot of credibility to some of the horror stories I've read here. With people like you, Delta will merge real well with Northworst. Can't wait to hear what you call me next. Unbelievable.
By "C"BERRY
Jun 5, 2008 4:34 PM | Link to this
over-traveled---I DON'T CLAIM TO BE AN EXPERT IN ANY FIELD. I RETIRED FROM
DELTA AIRLINES AFTER 36+ YEARS OF SERVICE, SO I DO KNOW MORE THAN THE AVERAGE JOE. TO REPEAT SOME THING FROM AN EARLIER POST, AN INTERNATIONAL GATE AGENT HAS A HUGE RESPONSIBILITY. YOU HAVE NO IDEA. A LITTLE KNOWLEDGE CAN BE MORE DANGEROUS THAN NONE AT ALL. DELTA'S LAWYERS WILL EAT ROTH FOR LUNCH. THE FACTS??? OF THIS CASE ARE ALL ONE-SIDED. IT'S WHAT HASN'T COME OUT THAT WILL TELL THE STORY. I WILL ALSO
BE CHECKING BACK HERE TO SEE WHO EATS THE "HUMBLE PIE."
By Ed
Jun 5, 2008 12:31 AM | Link to this
over-traveled......we are.
By over-traveled
Jun 4, 2008 11:29 AM | Link to this
Ed, I can appreciate that. That's what I figured also. I just didn't understand how people were jumping to conclusions when there was no other evidence or information published. Human nature, I suppose.
The other thing that got me was automatically assuming everyone in the legal profession is devious.
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