Airline Service? Call Iron Justiceman

New York lawyer Richard Roth is suing Delta Air Lines for $1 million for damages for his family’s ruined vacation last Christmas. Due to delays in leaving New York, they missed the connecting flight in Atlanta to Buenos Aires and Delta would not readily put them on another flight. Roth had to wait three days in Atlanta before rebooking with another airline to Argentina. On top of that his luggage got delayed for five days and he lost about $21k for unused hotel bookings.  

Bravo Richard Roth. No doubt we all are finding airlines’ service and attitude getting increasingly atrocious. I am sure a jury will help the Roths.

But in thinking about this case my mind goes back to that seminal “Jarvis v Swan Tours” ruined vacation case, decided in the early 1970s by that champion justice man of the British Court of Appeal, the late Lord Denning. Mr. Jarvis by chance was also a lawyer. Were Lord Denning to hear the Roth case, I can just imagine the reasons for judgment. There was something about his judgments that gave you the feeling he really felt for the underdog. And it did not take long to sense which way His Lordship was heading.

Lord Denning M.R.: Christmas season is a time for families to get together and share good times.  Mr. Roth, his gracious mother, lovely wife, and two beautiful children had just that intention last December of 2007.  They wanted to take the trip of a lifetime to Buenos Aires. The Roths bought  new beach clothing outfits for the entire family.  They even purchased a new video camera to film the vacation of all vacations.  But this was not meant to be.

Delta Air Lines is one of the largest airlines in the world.  If a customer telephones their office, instead of a live person answering, there is a voice electronic message that touts, “Your call is important to us.  We appreciate your business.”  

But do they really appreciate the trusting and unsuspecting customer’s business?

On that fateful day in December,  the plaintiffs attended at Kennedy Airport in New York, in anticipation of their dream trip.  When the Roths arrived at the Delta desk, they were told their connection flight to Atlanta was delayed and that  “These things happen. We appreciate your understanding. Have a nice day.”

The Roths did not arrive in Atlanta in time to catch the Delta connecting flight to Buenos Aires. When Mr. Roth asked Delta to put him on their next flight to Buenos Aires, the agent chuckled, “Next flight? That’s funny sir.  Thank you for flying Delta”.

Delta has a fleet of hundreds of aeroplanes. Some go from Atlanta to Dallas. Some go from Atlanta to Chicago and some go from Atlanta to Buenos Aires.  Delta could have arranged for the Roths to fly on one of those latter aeroplanes.  After all, his family’s business was important to Delta.  Instead the Roths had to spend three days at their expense in Atlanta until they were able to fly out with another airline.  

The Roths did not want to spend three days in Atlanta.  They did not want to spend any days in Atlanta.  They wanted to spend their time at the beach in Buenos Aires. Perhaps Atlanta was of interest during the American Civil War to General Sherman.  But certainly not to the Roths.....”

We all know how this decision would have ended. I wish the Roths all the best. If only there was some way we could get the jury to look at Jarvis v Swan Tours.  

We shall miss you Lord Denning.