Lawyer sues Delta for ruining family vacation
Filed under: Places To Go, In The News
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.
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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.
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Also, it doesn't hurt to dress nicely and have your kids looking as cute as they can.
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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.
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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.
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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.
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ReaderComments (Page 5 of 14)
6-01-2008 @ 8:51PM
Kimberly said...could it possibly be the management that hires particular individuals? I have worked for 2 major airlines, 1 charter as a flight attendant and recently retired after 20 years. We don't know what kind of day a person has had, did the plane have a mechanical or is it ground delays that we have no control over?! I am speaking from a different airline employment area however I saw and witnessed 9-11! Has everyone forgot about kindness and respect for eachother? After reading the article, I hate to say, but the gate agent probably chuckled to keep himself from loosing his cool and perhaps Mr. Roth should try a different airline. CAL! On the flip side I have seen a gate agent get abused for doing his job which was sercurity related and a man who had no control over his child turned around a beat tha agent who is now in a wheelchair for the rest of his life. My sister flew starting in the 60's and it was a great to fly when everyone was kind and dressed appropriately.
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6-01-2008 @ 8:50PM
Vivian said...Every time I fly, I am surprised at the capacity for rudeness in people. I was raised to say "please" and "thank you," so I used to think everyone else operated by this simple standard, but every time I say "thanks" or "have a nice day" to ticket agents, flight crews, etc., they give me either this "what are you smoking?" look, or their eyes get really wide like they're shocked at my unusually good manners. Seriously, people. What's the problem with general pleasantness?
I fly back and forth between Seattle (connecting to Pasco) and Chicago around four times a year for college, and my only big complaint about flying is the luggage issues-- extra charges for [any] checked baggage, etc. However, as a few people have already mentioned, c'est la vie. What would my freaking out at airline employees accomplish? If anything, it would make sense to write the executives and people who actually have some power (not that I think it would really accomplish anything, but there's still a chance...).
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6-01-2008 @ 9:02PM
Susan said...Who is this person that wrote this article? I worked for an airline that left me high and dry in the nineties, I will not say the name of the airline that went completely under due to a poor CEO and management. The airline business is a drowning business, and so are the people that work for them. They are surviving by the skin of their teeth and the employee's moods prove it. If they cannot handle the fact of not knowing if they are going to have a job tomorrow then they need to get out of the airline business! Being rude to passengers and giving them "hell" for just trying to get from point A to point B is not a good thing. They need passengers to survive and all of the airlines all over the world are in bankruptcy or going to bankrupt. Their main concern should be safety and that is all. Safety aboard the aircraft and making sure they are comfortable. They are responsible for their actions as well as the passengers. Yes, the should be sued. Nothing more and nothing less!
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6-01-2008 @ 8:52PM
Jo-Ann said...The Lawyer Deserves Every Bit Of What Hes Sueing For...I hope He Wins The Law Suite..Then See If The Airline Still Contiunes To Laugh....I Wish You Everything Your Asking For Attoney Roth....
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6-01-2008 @ 8:53PM
wheeljack1972 said...i hope this guy wins, if any other bussiness ran their customer service like the airlines do, they would go belly up in a heart beat. The airlines have gone to heck in ahand basket and something needs to be done to fix it or even lower oil prices won't save some airlines from bakruptcy
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6-01-2008 @ 8:56PM
mond said...While it is probably a good idea to be polite - a paying customer should not have to bend over backwards to get good service. The airline does have an obligation to make sure that we get to our destination in a safe and timely manner. More people should sue.
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6-01-2008 @ 9:04PM
Kristy said...While true that politeness is a unique trait known only in the human race, I emphatically agree with those that state that we should get the service we pay for. In some cases, when the service isn't rendered in a timely or appropriate fashion, the customer should get compensated for, not only what they actually paid for, but also for their inconvenience and trouble. Customer service is definitely not an easy job, but those in the role are trained to be nice even to the rudest people.Trust me...I know this. I work in one of the toughest industries in the world: healthcare. I am a nurse, and I literally get shat on...daily. So, while being kind might get you extra perks...every single customer should, at the very least, get what they paid for in a reasonable and customary manner.
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6-01-2008 @ 9:43PM
eagle-eye said...Kristy,you are right on! I get a little tired of hearing of the employees complain of their poor treatment . As a physician, I hear complaints of every sort every day every second, and try to respond with a caring word or soothing remark. Unfortunately, prior to working for an airlines you seem to first have to have manned the post office front counter...the pinnacle for no eye contact, massive breaks, and sheer disregard for fellow humans...a combo the airline staff have pretty well attained. But now they not only ignore you...they give you abuse because they know they can get away with it. We need some accountability..but unfortunately they know we're trapped rats in a giant hamster cage, stuck on the running wheel. And now without the water dropper!!
6-02-2008 @ 6:37AM
Jill said...I would like to know why this lawyer wasn't able to board the flight in Atlanta. Was he being rude and ridiculous so they wouldn't let him board? Or was he late? Why wasn't he allowed to board in Atlanta?
And also... if they were staying in a hotel that cost $21,000 for missing 3 days... then he really doesn't need any above and beyond compensatory $$$. He should be reimbursed for the costs he incurred, but asking for millions of dollars is ridiculous. Sometimes shi*t happens... that's life. Get over it. And yourself.
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6-01-2008 @ 8:57PM
kbhret said...you gotta "kiss up," that's what runs America
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6-01-2008 @ 9:10PM
MR8612 said...I feel for this person and his family. On my last vacation to Las Vegas, I thought I did everyting right. I bought my tickets five months ahead of time and arrived at the airport two and a half hours ahead of schedule.
Left NY with no issues, but on the return flight from Vegas, in spite of actually taking a trip to the airport a day before the flight and getting our seat assignments; plus arriving at the gate two and a half hours earlier on the day we were leaving- my husband's ticket was bumped and they checked me in. I smiled and tried to get an explanation as to why are they doing this to a married couple. The person at the gate could not come up with one. Except to say that the flight was over booked. That all I could do was to cancel my reservation and both of us to wait and go stand by. There was no compensation offered, the least I expected was to get a travel voucher, no such luck.
We were scheduled to leave in the afternoon, we did not leave until the next morning.
About the way we were dressed, my husband was wearing a suit and I was wearing a business suit.
Needless to say, we have not returned to Las Vegas ever since.
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6-01-2008 @ 9:01PM
Richard Sweat said...Do the words NEW YORK LAWYER convey what his attitude toward the airline people might have been. This story has been on other networks and services. Some give a different slant to what happened.
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6-01-2008 @ 9:08PM
Rye said...Are you f*cking serious? This is the customer's fault? So, I suppose it was my fault I was stranded in a country where I didn't speak the language because that happened to be where my connecting flight was? That is bullsh*t airlines are horrible! I was lucky there was a nice guy who helped me get on the right train so I could make it to Belguim without having to wait 4 days to get another flight out of Germany. I seriously feel for this guy. Nothing like spending thousands of dollars on a great vacation and have it ruined because no one forces the airlines to do adhere to any rules.
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6-01-2008 @ 10:09PM
diana said...After purchasing a ticket to SF over two months ago, I found out that the airline I reserved a flight with (Mesa/U.S. Airways) went bankrupt. They denied it three (3) times over the past month when I called them and left me a message on Saturday, 5/31, at 4:00pm at my office saying that the flight had been discontinued. They then told me that I had to pay the "difference" to fly on their parent carrier (plus drive three hours to the nearest airport and pay for long-term parking). There is no such thing as "customer service" in the airlines anymore, and no one is doing their f****g job. That is just the way it is. Do not fly US AIrways. They will rip you off and you can do nothing about it. No upgrades. No free flights to make up for their mistakes. Get used to it. Don't fly anymore.
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6-01-2008 @ 9:12PM
Harris said...Delta has airports?
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6-01-2008 @ 9:11PM
Peter Johnson said...I need to agree with this lawyer...Delta ruined my vacation last year and I know how he feels because I had the same experience...Stupid people at the counter was not the problem...stupid people giving them info was the problem and not anyone in upper management that had any idea of how to run a business. I just wish I could be a witness at the trial for this man..It would be a slam dunck.
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6-01-2008 @ 9:13PM
Peggy Smith said...I was stranded with my daughter in Venice, Italy. I had tickets on Iberia air lines. The plane was leaving from Marco Polo Air Port. Our luggage was over weight and they wanted 400 eros to send the luggage. We had 270 eros left as we figured that would be plenty to get back to the states. There were three ATM machines in the Airport. They said Visa , Mastercard. We had used Visa all over Europe for Euros. The machines wouldn't take the card. We called The Bank in America. They said try again nothing wrong with the account. Marco Polo would not take credit cards for payment of the luggage. We were stranded and had to buy two round trip tickest on Air France because it was cheaper to get round trip then one way. An added expense of 3000 dollars for the tickets. They were glad to take the card for those. Never in America have I had problems with air travel. Nothing we could do . Air France took the luggage with no questions ask.
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6-01-2008 @ 9:12PM
ruth said...It is my understanding from other news articles about this man that his tickets were purchased with frequent flier miles, therefore, there are limited seats available for use. In addition, it was Christmas time, and we all know the holiday seats fill up early. Lastly, I'll bet the hotels were paid for with the miles also, and if not, how does three nights equate to $21,000.
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6-01-2008 @ 9:23PM
Kag said...I feel terrible for this family. Fliers have no rights. I'm going to stick the author of the above article in an airport with her mother-in-law, her husband, and her teenage children, have her spend days in the airport (without luggage) and have airline employees laugh at her and see how she likes it. I can't believe he is only asking for a million dollars. He should be asking for ten.
Fliers have such few rights. There are bills in Congress but they are being held up by the lobbyists for the airlines. From what I read, it is implied that the lawyer in this suit was rude and therefore deserves what he got. Had he been cordial and "looked her/him in the eye and empathized on what a hard day the airline employee must be having" he might have made his connecting flight."
Well, in my opinion, flying has become a unnecessarily frustrating experience. You need a vacation just from trying to get to your vacation. Obviously, the changes needed by airlines are complex and range from needing newer radar equipment to courtesy training for their overworked employees. I think what happened to this family is a wake up call that changes need to made and they can't be made fast enough.
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6-01-2008 @ 9:18PM
eddy said...I would bet that Richard Roth being a lawyer was hiding in the bushes and caused the inconvenience just so he could sue..Probably was nasty and heckled the Delta empolyee to create a situation..If he loses he can go back to chasing ambulances..Get lost Richard..
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