When an Aviation Lawyer Gets Bumped, the Airline Pays

Unlike most passengers who have unsuccessfully sued airlines for fraud whenever the airline failed to provide a service, Stone also sued for breach of contract.

Manhattan Civil Court Judge Diane A. Lebedeff ruled that a passenger was able to sue for contract issues under New York law if the passenger bought a ticket, was denied boarding, refused the airline's compensation offer and suffered damages.

"It is well settled that an award for inconvenience, delay and uncertainty is cognizable under New York law," Lebedeff wrote in her 13-page ruling. Lebedeff ruled that Continental failed to offer any compensation to Stone in writing, which was required by law.

She awarded Stone $1,360 for his non-refundable lodging expenses, $1,000 for his delay and $750 for the loss of the use of the contents in his luggage. Lebedeff also added interest to the monetary awards from Dec. 25, the date of the bumping.

Continental spokesman David Messing declined to comment on whether the airline planned to appeal the ruling.

"We are always sorry when this happens, but the Department of Transportation allows overbooking of flights because so many airline customers book flights and then do not show up without previously canceling," Messing said in a statement. "If an oversale occurs, we try to offer alternative flights, refund the ticket, help make other arrangements, or offer some form of denied boarding compensation, but that is not always acceptable to the customer."

Whether Stone's case sets a precedent for future lawsuits was unclear. But Stone, 50, said airline passengers who are denied boarding should be more aggressive in fighting back.

Stone isn't afraid to raise a little Cain, as anyone who calls his cell phone will discover. Stone programmed his phone's ring-back to play the Talking Heads' "Burning Down the House" instead of a standard ring tone.

Stone advises travelers to avoid getting involuntarily bumped by ensuring that they have a seat assignment before they arrive at the airport. And if a traveler is bumped involuntarily, Stone says, the passenger should not be so quick to accept the airline's compensation.

"Figure out your costs, put all of that together in a letter, and send it to the airline. If they tell you no, go to small claims court, where you can fight them yourself," he said.

Stone said he still hadn't received his check, but he was "still waiting."

A First-Class Turkey

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If you can't get a first-class upgrade to Los Angeles tomorrow on United Airlines, it may be because a turkey beat you to the seat.

After President Bush offers his official pardon for this year's Thanksgiving turkey today, the turkey and its handler will be flown first class from Dulles to Los Angeles for a trip to Disneyland. United spokeswoman Robin Urbansky declined to comment on how much the flight would cost the airline, which is in bankruptcy protection, or if the turkey used its frequent-flier miles for the upgrade. United dubbed the flight Turkey One.