Passenger sues Delta, claims cramped seat led to back surgery
FILE PHOTO. An Orlando-bound Delta Air Lines flight was forced to turn back to after fumes were reported on the flight deck.
ATLANTA - A passenger is suing Atlanta-based Delta Air Lines, claiming he suffered a serious back injury after spending a 5½-hour flight twisted in his seat because another passenger extended into his space.
What we know:
Rolando Jimenez says he was flying in the Main Cabin aboard an Airbus A321 from Atlanta to Seattle when the passenger next to him encroached into his assigned seat, according to his lawyer Jonathan W. Johnson of Atlanta.
According to the lawsuit filed in Gwinnett County State Court, Jimenez asked flight attendants to move him because of the discomfort but was not offered another seat.
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Passenger says injury required surgery
What they're saying:
What they're saying:
Jimenez says he felt severe pain in his lower back and left leg when he stood after landing and sought medical treatment within two days.
The lawsuit says his condition eventually made it difficult to walk, climb stairs, bathe and sleep. He underwent back surgery in November 2024 and later was diagnosed with chronic pain syndrome.
The complaint lists $44,447.51 in medical expenses and says he may need additional treatment.
Lawsuit takes aim at Delta's seat size
Jimenez's attorneys also challenge the size of Delta's Airbus A321 Main Cabin seats, which the lawsuit says are about 17.3 inches wide with 31 to 32 inches of pitch, or space between rows.
The lawsuit alleges Delta's seating configuration does not provide enough room for some passengers and can force them into neighboring seats.
Jimenez is seeking damages for medical expenses, pain and suffering and future treatment, as well as punitive damages and legal expenses. He has requested a jury trial.
Delta response
The other side:
Delta told FOX 5 Atlanta that they are unable to comment on pending litigation.
What's next:
The allegations have not been proven in court. No information was given on a possible trial date.