Lawyer sues Delta for ruining family vacation

by Angie Felton (Subscribe to Angie Felton's posts) May 29th 2008 4:00PM

A New York lawyer is suing Delta airlines for a cool million for allegedly destroying what was supposed to be a fun family vacation and return to their ancestral homeland of Argentina.

In the suit, Richard Roth claims he deserves monetary compensation after he, his wife, mother, and two teenage children were stranded in a Delta airport for three days. The group was without their luggage for five days, and racked up a bill of over $21,000 in hotel rooms that went unused at their final destination as well as for replacement clothing and other expenses, and received rude treatment from Delta employees.

After their initial flight from New York was delayed, the family was not allowed to board a connecting flight in Atlanta, Roth said. A Delta employee "literally walked away chuckling that he had left them stranded," he said. After waiting in the airport for hours, Roth was told the next available flight would not depart for more than two weeks.

Roth booked another flight through a different airline and arrived in Argentina three days later than planned. Their luggage didn't arrive for five days.

While it is true that flying nowadays is an expensive exercise in frustration (and doubly so when traveling with children), I get the feeling that Mr. Roth was probably less than pleasant to airline employees in the first place. Airline employees spend their days like parents of toddlers, being yelled at for situations and decisions that are completely out of their control. We all know how enjoyable THAT is!

A friend who manages to get herself a seat on even the most crowded of flights shared some of her tips that she swears are responsible for her good luck with air travel.

You have one shot at making a good impression, so be charming and friendly to airline employees. While no one likes a smarmy suck-up, a smile and observation on current conditions ("Wow, it looks like you're having a crazy morning with these storms!") can go a long way.
Also, it doesn't hurt to dress nicely and have your kids looking as cute as they can.
Before checking in with the gate agent, use the bathroom and do everything you need to ahead of time. Then check in (or get on the list if you're flying stand-by) and tell him/her oh-so-very-understandingly "I'll be right over there" and STAY IN THAT AREA.
Don't go back in the line to check on your status, that's annoying. They know you are there and everyone flying out needs to be somewhere, so don't even try to use that line.
If someone freaks out at the agent, try to make eye contact with the employee and offer a sympathetic smile and "Can you believe some people?!" look with your eyes. People with limited power like to use it to help the nice guy, they generally don't go out of their way for loud, obnoxious ones.

This worked for my husband and me many years ago. We were traveling with our baby when a flight was delayed. The agent apologized and said the airline was making arrangements for people to be bussed to a nearby airport, which was a bummer, but stuff happens. Another set of parents didn't share our c'est la vie attitude and became extremely..... loud while sharing their disapproval with the new arrangements and started yelling about seat belts and writing her congressman and in general just freaking OUT and making their little kids cry right in the middle of the airport.

Thankfully, that was the last I saw them. Shortly after my little family was sprinting to another gate because a couple of seats had miraculously opened up.

Source

Comments (274)

Reader Comments (Page 1 of 14)

Brenda 5-29-2008 @ 5:16PM

Where did you get the impression that Mr. Roth was unpleasant? I didn't get that from reading the article. Quite honestly, even if he did behave like a jerk, airline employees should know better than to chortle about stranding someone and their family until after they're out of the public eye. Also - the inability to get another flight for 2 weeks is absolutely ridiculous. I can't believe that you're playing "blame the victim" because customer service is a tough job. You've basically said that if he wanted the service for which he had already paid, he should have been nicer, better dressed and willing to stay in one place for an undetermined period of time. The fact that the article doesn't speak to his behavior at all means, of course, that we have no idea if he could have been any of those thigns.

RNeal16159 6-01-2008 @ 8:19PM

Be as pleasant to airline employees as you wish. Ultimately, they feel no compulsion to return the favor. And something tells me the article above was posted by someone in the FAILING airline industry.

Rweitberg 6-01-2008 @ 9:07PM

I had a bad experience with Delta and lost three days of my vacation with the rest of my family. I will never use them again. It was a mechanical faillure in the plane and they should hold responsible. Good luck to all who use Delta

Cori 6-01-2008 @ 9:07PM

Lawyer from New York. That is where I'd get the impression he was rude. Probably summers in "The Hamptons" too

alyssa 6-02-2008 @ 2:49AM

i am so freaking glad you said what you had to say. the world needs more people like you in it -- at least, i know, america does.

sumorebk 6-01-2008 @ 9:49PM

things happen thats we as agents cant control.... if im at jfk airpot and a plane comes in from atlanta with maintence issue yellin at me or any one in that are is os irrelevant.... im not fixing the plane and niether are you.... if theres bad weather or hurricanes and crap .. no were not gonna send a plane out..unless you (the pasenger) are gonna fly it... (which wont happen) also its not rediculous or impossible to not have an availible flight to your destination for at least two weeks...i see it everyday....babes until you work in the operation dont speak on them....

scoop 6-01-2008 @ 10:06PM

Amen
Looks like his teenage daughters are in trainning to s.........the airlines as he had done for most of his brief travels....How many things can a flight to be delayed or cancelled for which are beyond a air carriers control...get a life and always have a plan B-C & sometimes D..Apparently this gentleman is a very INFREQUENT FLYER.

Goofball520 6-01-2008 @ 10:24PM

Yeah but does the employee seriously need to laugh when someone is stranded?

bpridge 6-01-2008 @ 11:06PM

"Where did you get the impression that Mr. Roth was unpleasant? ....airline employees should know better than to chortle ..."

Where did YOU get the impression that the airline employee did indeed chortle? We all know about assuming by now don't we? Do you also believe that the airline "didn't allow him to board a flight in Atlanta?" I'm sorry, but why would that happen? Did they block him from the plane? Or, more likely, did he not have a seat on the plane? Think people.

Rude or not, is it reasonable for some schmoe attorney to sue for a million for missing 3 days of his vacation...

flytoohigh 6-02-2008 @ 12:45AM

It's indignant comments like yours that perpetuate the self rightous attitude people have when they fly. The victim is never the cause of his/her situation??? Gimme a break! You cant help things by having a self deserving attitude when when the person who is trying to help you has exauhsted all their options. As an FYI, articles never describe the "victims" behavior...its called sensationalism. And in all reality and leaving the sob story behind, does any one person with common sense really think a person is gonna laugh at someone in bind not to add that they could possibly lose their job for doing so. Oh my gosh!!! Where do you gather that could be true and if so without a lawyer (who are usually humble), from new york (who are usually quiet and meek), travelling during christmas (which no one else does)???? It's a catch 22, people are nasty, you get nasty agents and then the rest of us have to pay for it. Why dont you try spreading good things around... maybe the man could have appealed the same sob story to the Delta that we just read and be nice about and he would have been to his vacation much much sooner. If it hadn't helped it couldn't have hurt. YOU GET MORE BEES HONEY THAN YOU DO WITH VINEGAR.

amy 6-02-2008 @ 2:26AM

I am an employee of a major airline, and reading the article about Mr Roth was all to familiar. Not that I agree that the gate agent should have laughed, but I believe he was being sarcastic to Mr Roth's comments. Too many times, more than I can count, passengers belittle and speak down to airline employees for situations that are out of their control. Especially if it's weather related that is deemed an Act of God and not the airlines fault, if the flight was delayed due to a mechanical or staffing issues than the carrier has the responsibility to book the passengers on the next available carrier. If a persons vacation or business trip is going to be as costly as Mr Roth's than he should have purchased insurance on the trip. People need to realize that airlines are all in trouble and especially now with oil over $130 a gallon, staffing has slimmed down to minimal, and workers are not being paid enough to do their thankless jobs. However being civil and kind will always get you much further than be rude and beligerent.

JILL 6-02-2008 @ 1:29AM

I agree. The flyer is not to blame.
Delta stranded me with two young kids (4 & 1) in MIA for 8 hours before an 8-hour flight to Hawaii, which became a 14-hour flight through LAX. Definitely ruined the start to our vacation, and I choose NOT to fly them if I can help it.

Liz 6-02-2008 @ 1:39AM

I am not suprised - Delta SUCKS

Shele 6-02-2008 @ 3:24AM

Are you kidding? My best friend's beautiful boy is in NICU and you are crying about your Hawaii trip??? Awesome - you are an amazing person

Sherrie 6-02-2008 @ 4:51AM

I totally agree with you. I feel it is appalling that to get the positive service a person has paid for, he or she has to do everything possible to kiss someone's....a... to get the service deserved.
I too have experienced this poor service although not to that extremene. Sent from one gate to another only to be told sorry, you have to go to another. Then that gate is manned and the other one is , "Oh, well, wait there". It's like a power and control game for these people and they know it. I hope the family gets a million $. Maybe then someone at the top will start to change how passengers and families are treated.

eugene 5-29-2008 @ 5:38PM

What the hell? I don't need to make a nice impression on the people I'm PAYING FOR A SERVICE. They're not doing me a favor, I'm paying them money and they do something for me.

Sure, everyone should be polite to one another as a general rule, but to suggest that person may not have been stranded and laughed at if he had gone to charm school just highlights everything that's wrong with American companies. Lazy, incompetent and entitled...

gena 6-02-2008 @ 9:21AM

Amen you are absolutly right.

Vhamlin 6-02-2008 @ 9:25PM

Hey Eugene! Guess what - no one give two poo-poos if you and I are paying or not. Airline employees of today are people being payed while they look for a better job! In the old days Delta was a good company to work for but in today's market they are so-so!

Look at a ride on a plane like a ride on a bus. You stand in line to pay your fare. You stand in line to board. You stand while everyone tries to cram all of their luggage in the overhead rack. You set pressed in a seat like a sardine in a can. You eat what you brought and drink whatever they have for sale at a premium cost. You get stuck on runways for long lengths of time. A bus ride is better because it is shorter.

If you have time to spare - go by air!

scoop 6-01-2008 @ 10:19PM

Why was he and his family not alowed on the ATL flight ?

gudgrief666 6-01-2008 @ 10:17PM

You are right, but look around you.
Your super discounted coach ticket can't by you much more service than you get on a Greyhound Bus. And even Greyhound is not all that cheap anymore.

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