Passenger sues Delta after falling out of seat in boarding area

Michelle Massey Jan. 3, 2011, 6:55am


A New Orleans resident is suing Delta Air Lines after he fell out of a seat in a boarding area.

Lester John Waldmann filed the lawsuit Dec. 16 in federal court in New Orleans.

The alleged incident occurred on Dec. 17, 2009 at Hartsfield International Airport in Atlanta, as Waldmann was preparing to board a flight bound for Mobile, Ala.

Waldmann claims he was sitting in a row of seats in the boarding area of his flight gate when the seat collapsed. He claims that as he was being thrown out of the collapsing seat, he grabbed onto the seat next to him in an attempt to break or prevent falling and in the process, twisted his neck. Waldmann states that after the fall, he saw that the screws from his seat were loose. He reported the incident to a Delta clerk.

According to court documents, Waldmann underwent a MRI which revealed he sustained a herniated cervical disk.

Delta is accused of negligence for creating a hazardous condition, failing to alleviate a hazardous condition, failing to exercise reasonable and ordinary care for the safety of persons on its premises, failing to take proper safety measures in order to protect persons on its premises and failing to warn of the potentially unreasonably dangerous condition of the seat at issues in its boarding area.

Waldmann is seeking damages for pain and suffering, mental and emotional pain, distress, suffering, anguish, permanent disability, inconvenience and loss of enjoyment of life, loss of earnings, loss of earning capacity, medical expenses, interest and court costs.

He is represented by J. Konrad Jackson and Daniel W. Dilzell of Jackson & Jackson in New Orleans. A jury trial is requested.

U.S. District Judge Carl J. Barbier is assigned to the case.

Case No. 2:10-cv-04566

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