Airline passenger’s winning lawsuit may lead to others

Saturday, 19 Jul, 2007 0

A Michigan woman who won a small claims judgment from Spirit Airlines for a flight cancellation may lead to other passengers fed up with airline bad behavior turning to the courts for help.

“I’d encourage them to give it a shot,” aviation attorney Don Frank told the Detroit Free Press. Even if you don’t win, “it can be cathartic.”

Jane Waun sued Spirit Airlines in the small claims division of 54B District Court in East Lansing, Mich., as a last resort after trying unsuccessfully to resolve her problem with the airline. When the airline did not show up in court, she was awarded $1,350.75.

The suit came after the woman traveling out of Metro Airport with her husband and 81- and 83-year-old parents, found out that their flight — NK681 to Fort Myers, Fla. — was canceled.

Counter agents would not rebook passengers. They passed out the airline’s telephone number to call instead. Waun waited on hold for hours but never even got through.

The family had to stay overnight and had to buy four new tickets on another airline.

In Ms Waun’s case, Spirit Airlines likely will pay the judgment “and move forward,” said spokeswoman Alison Russell.

There is no national data about how many passengers sue the airlines. But aviation attorneys say it is very rare to win such a case. One reason: airlines have deep pockets.

Still, Ms Waun, who never sued anyone before, likely won’t get the one thing she really wants — an apology.

“If Spirit just would have admitted their error and apologized,” she says, “I would have flown them again.”

Report by David Wilkening



 

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