In David v. United Airlines, Inc., the plaintiff, an
eighty-six-year-old man, brought claims of negligence and breach
of contract against United Airlines after United downgraded him
from first class to coach class on an international flight. The
plaintiff, who was "invited to attend the Maccabiah Games in
Israel as an esteemed guest of Israeli government officials,"
purchased two first-class tickets: one for himself and one for a
student journalist covering the games for a local television
station.
The plaintiff traveled from Los Angeles, California, to Newark,
New Jersey, without incident, but was advised that he was being
downgraded from first class to "Economy Premier/Plus" as
he attempted to board the connecting flight to Tel Aviv. The
plaintiff objected, noting his edema and the resultant need to
stretch out his legs to avoid swelling, but ultimately acquiesced
to the switch after learning that no first-class seats would be
available until the next day.
