Cape Coral law firm files lawsuit against United Airlines and Boeing

Cape Coral-based Berke Law Firm and a Lee County resident, Alexander Eaton, are suing United Airlines and the Boeing Company for $50,000.

On Jan. 5, a door fell off an Alaskan Airlines 737-9 Max mid-flight. The plane landed safely but left many concerned. A day later, the FAA grounded all Boeing 737-9 Max airplanes, resulting in hundreds of canceled flights.

A couple of months later, travelers are still facing issues and are now taking things into their own hands. One of those canceled flights was Eaton’s. United Airlines held back on informing Eaton of the flight cancelation until the last minute.

Eaton’s attorney said the last-minute communication is unacceptable.

“United never sent my client an email saying your flight might be delayed or your flight is canceled,” Bill Berke, leading attorney at Berke Law Firm, said.

Eaton was unable to rebook a new flight. Berke believes his client has a good case.

“My client lost his vacation. My client lost the ability to work during the time period that he took off. That’s why we’re suing United and Boeing,” Berke said.

The lawsuit claims United never warned him there could be a cancelation, even though the airline likely knew ahead of time due to the aircraft being grounded for safety concerns.

Berke said Eaton checked his confirmation frequently and heard nothing until the last minute.

Robert Clifford is not involved in this case but is very familiar with Boeing, as he is representing several clients in the Alaskan Airlines incident. He thinks this case is strong.

“I believe the case is meritorious, just because, I mean, think about it, the fleet was grounded. All the operators knew about it,” Clifford said.

He went on to say that this case could set a precedent for the entire country.

“I think it’s possible that this is going to set the tone for other lawsuits against other operators that had similar information, and Boeing certainly had the information,” Clifford said.

Eaton believes his damages exceed $50,000.

“With the United-Boeing case, we want better, prompt, clear communication of delays, cancellations, so that people don’t lose vacations or vacation days,” Berke said.

WINK News reached out to United Airlines and Boeing for a comment. United said they believe this lawsuit is without merit and intend to fight it.

A pre-trial hearing is set for May 5.