QUESTION

Why is it that ADA (Airline Deregulation Act) ALLOWS tortious behavior, i.e., one cannot sustain a law suit even if the tort involved a profit motive?

Asked on Nov 28th, 2016 on Civil Litigation - Florida
More details to this question:
My flight to Charlotte was delayed 30-35 minutes solely to board two passengers who were not in the boarding lounge within 15 minutes of scheduled departure. The plane's cabin had been sealed and the captain was ordered by Operations to wait for the passengers. This egregious action caused me to miss my connecting flight to Miami. I was offered a flight to Ft. Lauderdale. but had added out of pocket expenses and lost 5.5-6 hours + no sleep. I was given an insulting 20k points and took them to court on the basis of what I thought was a clear tort. The defense claimed torts were 'legal' within the ADA's scope and the judge agreed and dismissed the case w/o prejudice. I'd like to give it another try, but the tort concept was my entire case: a selfish act for solely profiting was committed, costing me significantly at the other end, the ultimate definition of a tort, one would think: no quid pro quo. No being kept whole. How can this be, and is there any other workaround?
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1 ANSWER

Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
Possibly - but the REAL issue is are you willing to spend thousands of dollars in legal fees to make a point and possibly pay them that or more if your wrong? If not? Let it go. 
Answered on Dec 09th, 2016 at 8:43 AM

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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