ATLANTA - eTradeWire -- By: Jonathan W. Johnson, LLC

Rolando Jimenez filed a lawsuit against Delta Air Lines, Inc., after he was forced to remain in a constrained and twisted position during a five-and-one-half-hour flight from Atlanta to Seattle due to the intrusion of an adjacent person of size into his seat. The case is Rolando Jimenez v. Delta Air Lines, Inc., docket number 26-C-09516-S6  in Gwinnett County State Court.

The complaint alleges that Mr. Jimenez was a fare-paying passenger in Delta's Main Cabin aboard an Airbus A321.. The adjoining passenger who was a large person extended into Mr. Jimenez's assigned seat. The limited seat width forced Mr. Jimenez into a twisted posture against the aircraft wall for the duration of the flight.. Mr. Jimenez asked Delta flight attendants to relocate him because of the encroachment and physical discomfort, but no alternative was offered.

Mr. Jimenez experienced immediate and severe pain radiating from his lower back down his left leg when he attempted to stand after landing. He sought urgent medical treatment within two days. As his condition worsened, he developed difficulty walking, navigating stairs, bathing, and sleeping, and eventually required a cane.

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Mr. Jimenez underwent an L3-4 laminectomy on November 8, 2024. The complaint further alleges that his symptoms later returned and that he has since been diagnosed with chronic pain syndrome and may require a spinal cord stimulator.

The complaint states that Delta knowingly configured its Airbus A321 Main Cabin with seats measuring approximately 17.3 inches in width and approximately 31 to 32 inches in pitch despite passenger-size data showing that a measurable percentage of adults cannot fit within those dimensions. The lawsuit asserts that Delta increased passenger density and reduced effective passenger space to maximize occupancy and revenue while transferring the physical burden of inadequate seating space to neighboring passengers.

The complaint asserts five causes of action: negligence, common-carrier liability, aggravation of a preexisting condition, punitive damages, and recovery of litigation expenses. It alleges that Delta, as a common carrier, owed Mr. Jimenez the highest degree of care for his safety, protection, and comfort, but failed to provide a safe and usable seat, enforce its seating policies, or take reasonable action after being notified of the ongoing condition.

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Mr. Jimenez is seeking compensatory damages for his personal injuries, medical expenses, pain and suffering, emotional distress, and future treatment, as well as punitive damages, attorney's fees, and costs of litigation. The complaint identifies $44,447.51 in medical expenses incurred to date and requests a jury trial.

Legal Representation

Mr. Jimenez is represented by Jonathan W. Johnson of Jonathan W. Johnson, LLC in Atlanta, Georgia. www.jonathanjohnsonatlantalawyer.com

Contact
Jonathan Johnson
jwj@jonathanjohnsonatlantalawyer.com