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Tue, Jul 17, 2007

Judge Hands Woman Victory Against Airline For Cancelled Flight

Spirit Airlines Forced To Pay In Small Claims Court

One airline's apparent predilection for not showing up on time has resulted in big bucks -- and greater vindication -- for a Michigan woman.

Jane Waun sued Spirit Airlines in small claims court, after the airline cancelled her family's March 23 flight from Detroit Metro... and never rebooked them. She told the Detroit Free Press litigation was a last resort, after the airline failed to resolve the matter to her satisfaction.

During a May 14 hearing, the judge agreed, and awarded Waun $1,370.75. That amount works out to hotel costs for Waun, her husband, and her elderly parents throughout the debacle, as well as meal costs and four tickets on a different airline.

Spirit didn't win any points with the judge, the paper notes, for failing to show up for the original hearing. At a second hearing last Monday, called at Spirit's request, Judge Richard Ball chastised the airline's Detroit operations manager for not showing up the first time.

"Why should I set aside this judgment?" Ball asked Spirit's Michael Cox, who responded Spirit's headquarters in Florida never received word of the first hearing.

The judge didn't buy that argument, however... producing a document signed by Spirit's local Michigan agency as evidence the airline had been served with the notice.

Spirit spokeswoman Alison Russell said it's likely the airline will pay the judgment, "and move forward"

While the ruling wasn't for a particularly large sum of money, aviation attorney Don Frank says news of the decision may encourage other passengers, fed up by lousy treatment from airlines, to speak up before a judge.

"I'd encourage them to give it a shot," Frank said. Even if you don't win, he added, "it can be cathartic."

Waun just wishes the airline would have gotten it right the first time... and, she adds, an apology would have been nice.

"If Spirit just would have admitted their error and apologized," she says, "I would have flown them again."

Now? Not so much.

FMI: www.spiritair.com

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