Another Dumb Liberal Filing A Lawsuit!

[Obama 2012 1,714]

http://www.cnn.com/2010/TRAVEL/07/23/bag.fee.lawsuit/index.html?hpt=T2

(CNN) -- Lots of fliers hate paying for checked bags, but one air traveler was so frustrated by the fee and a lost bag that she's taking an airline to court.

Danielle Covarrubias of Pierce County, Washington, wants American Airlines to pay $5 million.

The airline "has breached its agreements with its passengers every time they have lost or delayed luggage and failed to refund the passengers their baggage fee," according to a class action complaint Covarrubias filed in federal court earlier this month.

But American Airlines is disputing her version of events and stressing that passengers can always request a fee refund as part of a baggage claim.

In the court papers, Covarrubias said she paid $25 in May to check her bag with American Airlines for flights from Seattle, Washington, to Grand Rapids, Michigan, but the bag was nowhere to be found when she arrived.

"During the next 24 hours [Covarrubias] called American Airlines to find out the status of her bag. Each time she was informed that they did not know where it was, whether it was lost, or if it would ever be returned," according to the complaint.

"In her last conversation with American Airlines, [she] asked what the Airline could do. She was told nothing could be done."

The contents of the bag were worth $800 and Covarrubias spent an additional $300 for new clothes and toiletries, the complaint states.

Covarrubias then asked that her baggage fee be immediately refunded, but she was denied a refund, according to the court papers.

American Airlines counters the incident in question happened on a flight from Chicago, Illinois, on the second leg of her trip to Michigan. (American doesn't have nonstop flights from Seattle to Grand Rapids.)

That flight was canceled, so American booked Covarrubias on another airline, said American Airlines spokesman Tim Smith.

When Covarrubias arrived in Grand Rapids and found her bag missing, she spoke with the other airline about the issue, Smith said. The bag was found and delivered to her the next day by that airline's representative, he said.

"We are told by the other carrier that at no time did Ms. Covarrubias ever make any claim with them for damages for her late-arriving bag or anything else," Smith said.

American Airlines hasn't been able to find any record of Covarrubias ever contacting or speaking to American about her delayed bag, a possible claim, or checked bag charges, Smith said.

"Any of our customers who choose to file a baggage claim with American Airlines are always welcome to include a request for a checked bag fee refund as part of that claim. That is the proper procedure for any customer to seek a refund on a checked bag charge," Smith said.

Most major U.S. carriers now charge passengers to check their bags -- part of a trend to avoid fare increases by charging fees for services that used to be included in the ticket price.

From January to March alone, the airlines collected $769 million in baggage fees, according to the Bureau of Transportation Statistics.

[slim 1,525]

They lost my wife's bags one time.... they'll never do that again! She hit 'em up big on her shopping spree. Thanks, Delta!

[trillium13 84]

5 million to essentially try and teach them a lesson. Good luck with that. All the while further clogging up the overloaded court system. Woo!

[Mr. Big Dog 10,747]

I wonder how they come up with these ridiculous claims and why any court even entertains them. Five million bucks over a $25.00 baggage fee? How much more ridiculous can one get? Why didn't they just sue for $50 billion? Or maybe a trillion? I mean if you're gonna make a stink, then make a stink.

[slim 1,525]

This woman is pretty smart though because most likely, she'll settle out of court for an undisclosed amount. Asking 5 million? Here, take $50,000 and shut up.

[Ban Hammer 13,352]

This woman is pretty smart though because most likely, she'll settle out of court for an undisclosed amount. Asking 5 million? Here, take $50,000 and shut up.

along with a note that says she's on american's no fly list

[Mr. Big Dog 10,747]

This woman is pretty smart though because most likely, she'll settle out of court for an undisclosed amount. Asking 5 million? Here, take $50,000 and shut up.

Yep, you're probably right. It's a shame, though, that the system works that way. Those that file obviously frivolous suits - such as this - should be held to pay. The cost of the court, the cost of the defendant's legal representation, etc. When this $5MM suit all of a sudden costs you 50K, I think fewer people would take that chance.

[slim 1,525]

Yep, you're probably right. It's a shame, though, that the system works that way. Those that file obviously frivolous suits - such as this - should be held to pay. The cost of the court, the cost of the defendant's legal representation, etc. When this $5MM suit all of a sudden costs you 50K, I think fewer people would take that chance.

Walmart's trying to change all that right now. They're spending millions to avoid a petty fine in that trampling death last year.

One thing's for sure... you can't bully Walmart!

[Trumplestiltskin 5,791]

Strangely enough, filing a frivolous lawsuit doesn't require a particular political persuasion

Edited July 24, 2010 by Its a MADHOUSE

[Gary and Alla 3,694]

I think the solution would be random, weekly, public executions of lawyers. OR make them all work for the government and pay them $200 per month, Like in Ukraine. We are entitled to legal representation, it is our right, it should be free and lawyers should make $200 per month on the government payroll. Then there would be hardly any attorneys and this nonsense would stop.

[Trumplestiltskin 5,791]

And I thought you were a staunch libertarian.

[Mr. Big Dog 10,747]

And I thought you were a staunch libertarian.

[HAL 9000 96]

Trip Report

December 2009 Trip to Colombia, ORD-FLL-CTG on Spirit

We arrived a bit late to our connection in FLL due to the rain. Approximately 20 minutes post arrival at FLL, we were on the plane out to CTG. Without our bags. It seems the ground crew had sufficient time to load all bags, but chose not to due to the rain. So we arrived at CTG, to discover our bags were not there with us.

Calmly we proceeded to the Spirit reps in CTG, to find an American gentleman and his Colombian wife already screaming and shouting about their bags and how incompetent Spirit was in not loading their bags on the connection at FLL. I waited my turn to talk to the girl attending us to take our information. We were connecting in a couple of ours to BGA. One of the first thoughts at seeing this very irate, irrational customer (the words lawyer, lawsuit, stupid, liberals, third world country, idiots, etc all came out in rapid succession) was that perhaps I had finally met a fellow participant in VJ's OT. So I calmly went up to him and told him to STFU before I'd call DAS (local police) over to show him a little order and let the Spirit reps do their job- as it wasn't their fault his bags weren't in Colombia.

The man complied with my request. That confirmed he wasn't one of the regulars in our OT.

Following this I sat down with the airline rep, a bit shaken from that person's tirade, and I told her it wasn't her fault. She informed me that Spirit would not have any other flight to CTG or BOG (Spirit's only two Colombian destinations at the time) until the next Monday. It was Friday. So she contacted the FLL CS office, and handed me the phone. I spoke to a rep called Judy I believe, whom informed me of my rights as a pax, and described the process for procuring clothing at my final destination for each day of the trip that our bags were delayed- including toiletries. I informed her there were X-Mas gifts in the bags and I would check each and every thing to make sure nothing vanished.

That afternoon we arrived in BGA, and went directly to do some shopping. I headed to a store called Arturo Calle, a sort of Bennetton for men. Naturally I chose a comfortable, cooling shirt and a good pair of jeans. Mind you, clothing in Colombia's retail stores is more expensive than in the US. My wife headed to a woman's boutique. This we did Saturday and Sunday, to different clothiers, Diesel, Guess, etc... picking nice X-Mas gifts for ourselves. All this time I was emailing Spirit's FLL CS office through Spirit's website. Surprisingly, they responded cordially and professionally- apologizing for the oversight on their part. By Tuesday of the next week, we had received the bags via courier delivery, sealed and secured, with all items accounted for.

In all we had several days of clothing, of which I provided accurate receipts, a letter, and the calculated conversion rate for the currency on the day of each purchase.

Spirit acknowledged each purchase and informed me of the disbursal of approximate $450 (more than what we actually paid for the clothes and necessary, reasonable items) to cover our purchases plus an additional $300 in a voucher for each of us to cover future flights with them.

The check and vouchers arrived about one month after we returned.

I can only imagine the guy that acted like a buffoon probably got what he deserved- nothing.

It pays to be nice to people, and it certainly pays to say things for what they are in an agreeable tone, without insinuating frivolity, falsehoods, and directed at a blanket, generalized audience.

[Jenn! 918]

I don't see the problem with this. The $5 M is not for this one woman, it's the total AA would have to pay for the class action. Have they breached contract in not refunding baggage fees? Do they indeed not issue refunds or is that inaccurate? The court will decide. Does everyone think AA shouldn't have to give refunds?

[slim 1,525]

it should be free and lawyers should make $200 per month on the government payroll. Then there would be hardly any attorneys and this nonsense would stop.

We should do the same with healthcare while we're at it. Those hospitals over there sure are nice!

Does everyone think AA shouldn't have to give refunds?

I think anyone who violates a contract is obliged to pay for it.

However, I don't think this woman is trying to get her $25 back, I think she's trying to make a little more.