A Village of Summerhill resident will argue his case against Spirit Airlines in small claims court later this year in pursuit of nearly $800 for replacement tickets he allegedly purchased after the airline cancelled his flight.
David Fitzgibbons made the claim in Sumter County small claims court on Tuesday, Sept. 26.
In his statement of claim, Fitzgibbons seeks $795.96 in damages, which he says is the cost of “two airline tickets on Southwest Airlines.” Fitzgibbons claims that he was “forced to purchase” the tickets because Spirit cancelled his flight.
According to the claim, Fitggibbon and his wife were booked on a Spirit Airlines flight from Manchester, New Hampshire on Aug. 16, 2023. The flight was scheduled to depart at 7 a.m.
Fitzgibbons says that the flight was cancelled and that the “next flight to Orlando” was not until the following day, Aug. 17. Fitzgibbons says he was told by a Spirit “ticket agent” that the following day’s flight was “overbooked.”
Fitzgibbons claims that he was issued a “credit of $129.10 for the cancelled flight.” He claims it was “necessary” for he and his wife to return home on Aug. 16 because of “doctors appointments” and running out of medicine after a 10-day trip “visiting family in the northeast.”
Fitzgibbons, who is 79, and his wife, who is 76 years old, claim they were “forced to book a flight on Southwest Airlines which departed at 3:30 p.m., according to his court filing.
“I am requesting reimbursement from Spirit Airlines for $795.96 plus court costs since our original flight to Orlando was cancelled by the airline and there were no Spirt flights,” reads the statement by Fitzgibbon.
A search conducted through PlaneMapper.com shows that on August 16, Spirit Flight NK2044 was scheduled to depart Manchester Regional Airport in New Hampshire at 7 a.m., bound for Orlando International Airport. The flight was cancelled and never departed.
According to court records, a pretrial conference has been scheduled for November 30, 2023 at 9 a.m. at the Sumter County Courthouse, which is located at 215 E McCollum Avenue in Bushnell.