Yale student sues airline for $1M over lost Xbox

[meegbear]

A Yale University student from Ohio has filed a lawsuit seeking $1 million from US Airways for a video game console he says was taken from his luggage.

Twenty-one-year-old Jesse Maiman alleges that during a flight from New Haven, Conn., to Cincinnati in December, his Xbox 360 with a specialized hard drive disappeared from his luggage.

Maiman says he got what he called "an unconscionable run-around" from the airline. He's asking $1,700 for the loss of the gaming system and for the maximum damages allowable, or $1 million.

Maiman filed the suit Monday in Hamilton County Common Pleas Court.

A US Airways spokeswoman said the airline was unaware of the suit but noted that the government limits liability for lost luggage to $3,300 per bag.

http://www.huffingtonpost.com/huff-wires/20090311/odd-xbox-lawsuit/

[babylonsister]

1. Good luck with that, Jesse. Me, I keep my valuables with me at

all times when traveling. If it was so specialized, why'd you put it in checked baggage? :shrug:

[Marrah_G]

6. Who knows if it was even in his luggage to begin with

I wouldn't put much trust in someone who feels this sort of thing is worth a million dollars.

[jmowreader]

13. That's what I'm thinking...

[RaleighNCDUer]

45. He's only asking for $1700 for the XBox -

the damages is for the institutionalized carelessness of the airline for allowing employees to loot passengers' baggage with impunity. This shit has been going on for YEARS. As another poster noted "he should know better than to put valuables in his baggage".

Well, the airline SHOULD guarantee that it doesn't have THIEVES in its employ. Do you have any idea how many 'lost' bags wind up at local pawnshops?

1700 dollars for the value of the item

1,000,000 to change the culture of the corporation. That's why they're called "PUNITIVE" damages.

[SoCalDem]

8. Talk about frivolous lawsuits.. This one's getting tossed ASAP

It's kind of sad that he needed to take it with him.. couldn't do without it for a few days when he was home for Xmas?..

[Chisox08]

60. In the OP it said the xbox had a specialized hard drive

if I'm not mistaken that wasn't a regular xbox it was a developers system. I have one and it cost me over $1500. So if I was travelling with it I would ticked off if it stolen while in the care of the airline.

[Marrah_G]

2. This is why people get so irritated over lawsuits

What a spoiled pretentious little brat he is.

[Veritas_et_Aequitas]

4. Took the words out of my mouth.

Let him prove that his special X-Box was worth $1700. If that's the case, then that's what he should be reimbursed, no more, no less.

[bobbert]

9. Why don't you clock over 100 hours into an RPG and see what it would be like to lose all of that

It's not fun. I understand where he's coming from. I think $1700 could be an underestimate of the lost time in order to get yourself back to where you were in a game. Then again, if all he played was halo3 or COD4, all of your stats are stored online anyway so it doesn't matter. I am thinking they lost his xbox, his games, controllers, etc. That could easily add up to $1700

[babylonsister]

10. Hello?! It's A Game! Jeeze, sounds like an addiction. nt

[bobbert]

49. It could take a year to acquire 100 hours of play time

That doesn't mean it's an addiction, I'm sure you have a hobby too. What's wrong with spending a few hours a week playing games? 100 hours can be racked up in 3 months by averaging an hour a day, which is very easy to do. For the number of hours you can put into a quality game, video games and systems are actually very cheap.

[JustABozoOnThisBus]

83. When you put it that way, $1M seems reasonable

or not

:wtf:

[Marrah_G]

21. he doesnt want 1700- he wants 1 million

That tells me that he is a pretentious, spoiled little boy who places the value of his time at a far greater price then the rest of the world does.

I am a gamer- I have been a gamer for a very long time.

No- my sword of uber pwning that it took 3 years of playing to finally get is not worth 1 million dollars.

Shit happens in the world. Losing a toy is low on the scale of things.

I saw a girl no older then 10 begging for money for food in front of a CVS in of all places Foxboro, Mass......

Your spoiled little gamer should spend 10 minutes in her shoes and perhaps he could regain his link to reality.





(Note: I did notify the police about her so they could get her someplace safe as soon as I stopped bawling.)

[bobbert]

36. I'm sure he just wants the $1700

The lawyer probably told him to go for a million to make the $1700 amount to seem small so that they can probably settle out of court for the full $1700 + lawyer fees.

[Marrah_G]

39. Yeah- sure.

[ProfessorGAC]

80. So, They Went To The Press

If that was the case, this thing could have been handled privately.
GAC

[KittyWampus]

73. The xbox wasn't "lost" it was stolen.

[customerserviceguy]

30. An airline once lost my Monopoly game

Should I have sued them for the value of all the Monopoly money in it?

I mean, yeah, it's a high score on a game, and I'd be pissed at the guy in the bar who unplugged the trivia machine that showed me as being the winner, but I don't think anyone would award me more than a beer over it!

[AngryAmish]

50. Have you ever heard of the term "gold farmer"?

[customerserviceguy]

59. Nope, and I had to Google it up

Sounds pretty damned weird to me. Sort of like paying Tiger Woods enough money so that I can be considered a great golfer!

If you can get stupid people to pay big bucks for something that is completely insubstantial, go for it. But trying to get a rational person or company to pay for that sort of thing is just plain foolishness.

Seems to me like this young man has a very steep uphill climb to convince a jury that he's lost something besides some depreciated hardware that was worth a tinker's damn.

[AngryAmish]

69. Gamers have different interests than you

It is ok. People are allowed to have interests which you do not value. It does not make them meaningless.

For example, there is a website known as stubhub.com. At that site people buy and sell tickets to ballgames, concerts and other events. People pay substantial amounts for these tickets. If you see here people are asking up to $3,800 for tickets to see the Masters (it is a golf tournament held in Georgia in April). These are spectators, not participants. There are many other artistic and sporting events people are willing to pay a lot to view.

So, as you can see, completely insubstantial experiences can be monetized. Just because you don't enjoy a particular experience does not mean others can't or should not.

[customerserviceguy]

70. The concept of selling tickets to see a performance

has a long history, and most people are familiar with scalping laws and the justification for them.

I just said that this young man has to establish to a judge or a jury the concept that being able to see pretty pictures of "trophies" on a screen from having "invested" (they'll laugh their asses off if he uses that word!) is the same thing as being able to go to a Masters golf game, or a concert. And what ticket have you heard of that would go for a million dollars, even on the black market?

He's got an uphill climb.

[AngryAmish]

71. The million dollars is in the prayer for relief

It is a commmon misconception that when a dollar amount is asked for in a prayer for relief the person expects that much. Not so. A large amount is prayed for usually because the lawyer is seeking publicity. Some jurisdictions limit the amount of damages to the amount prayed for.

So, no, this guy does not expect a million dollars. He is probably pissed off at his lawyer for doing this.

Let me ask you this - if you had a Picasso in the back of your car and I wrecked your car, would you be satisfied if I gave you replacement value of the canvas, paint and frame? Or is there a value in the way the molecules are arranged on the canvas that is unique?

[customerserviceguy]

78. Again

most people understand the concept of a painting having value beyond its constituent parts. The same is true of any other recognized intellectual property.

But, let's say I had written the Great American novel, kept it on my laptop, and an airline lost it. I'd still have to prove that my writings were worth more than mere scribblings, and this young man (or his lawyer, if he has one) has to prove that being able to see images that somebody else created that give you "powers" in a game, that anyone can obtain by playing the game long enough, is equivalent to intellectual property, or work product. Plus, I'd have to make myself look like less than an idiot for not saving that book on some other media, or if that was not possible, entrusting it to the baggage compartment of an airliner, if it really was that damned important.

Sometimes the value of a brass ring is simply the weight of the ring times the price per pound for brass that day. You usually cannot claim damages for the sentimental value of things, although you could make a case for pain and suffering. A person who had pictures of their dead children destroyed by an arsonist is in a far better position to make that claim than someone who lost a set of images flickering on a screen.

[KittyWampus]

72. The xbox wasn't "lost" it was stolen.

[Dorian Gray]

41. He should have carried it with him.

I never check my laptop because of fear for losing it. Duh.

A Million. I hope they laugh his ass out of court. If he can prove he checked it, the airline should give him the $300 or so that it cost to buy the XBOX.

[KittyWampus]

74. the airline shouldn't allow baggage handlers to steal

[Dorian Gray]

77. No, they shouldn't

but I wouldn't check anything of value in my luggage. I wouldn't leave cash in there, nor would I leave a computer, my engagement ring/wedding ring, or anything else that I'd hate to lose.

And the loss of an X Box is NOT worth 1 million dollars, no matter how much this gamer claims it to be!

[Renew Deal]

7. Just because you don't value his gamer status doesn't mean it's not valuable.

His reputation has been harmed.

[Ian David]

16. Now he's gonna get pned in Halo. n/t

[Renew Deal]

22. Exactly

:D

[Ian David]

25. And if he has a "specialized hard drive" I doubt Microsoft will come to his rescue. n/t

[Obamanaut]

44. Valuable gamer status? Harmed reputation? Really LOLed nt

[Renew Deal]

48. Yes, of course.

:evilgrin:

[smalll]

65. Just because we don't "value his gamer status" -- ?!?!

:rofl: "value his gamer status" :rofl:

:rofl: :rofl: :rofl:








































:rofl:

[ContraBass Black]

32. If he's a high level player/level designer, that drive contains hundreds of hours of irreplaceable

work, which Microsoft and others might pay him real money or material goods for, and on which he has built a reputation and working relationships. Would it be unreasonable for him to sue for this amount if someone at the airline stole a laptop from his luggage, containing artwork, scientific research, business plans, technical blueprints, or other data?

[Scout]

33. he's never heard of backing up your valuable data....

especially before taking the hard drive that contains it on a trip???

[Marrah_G]

40. If it was so valuable, would he not have copies.... would he have not brought it on his carry-on?

Please- this is a spoiled child in law school pissed because his toy got lost.

[Dukkha]

42. He should get only his Xbox money

Then be told by the judge to get a fucking life! Obsessive gamers are a waste of oxygen, if they actually went outdoors and consumed oxygen.

[Turbineguy]

3. My Attorney

went to Yale.

[Renew Deal]

5. The lost game saves are worth at least $1 million

And that's before you calculate pain, suffering, and having to replay portions of games. Don't forget lost prestige.

[tangent90]

11. But who will he sue for the severe case of assholitis?

:eyes:

[Ian David]

18. Can't put a pricetag on pnage. n/t

[AzDar]

28. Heh.

:thumbsup:

[slutticus]

52. I agree. I can't even imagine having to re-do the last level of Halo 3 on Legendary.

Fuck. That.

[jmowreader]

12. The airline is perfectly within their rights in telling Mr. Maiman to go screw himself

The airline is NOT liable for damage or loss to undeclared high-value items in checked baggage, due to a long history of less-than-truthful passengers.

[Blue_Tires]

17. very true...

when the Hope Diamond vanished from my suitcase during a long flight, the airline said I was SOL...

[tjwash]

24. Damn..I should sue for that 500000 in undocumented diamonds that they stole last week.

Hee...what a dumb ass. You don't pack valuables on a trip. That's asking for something to happen to them.

[alarimer]

46. They should be responsible for their sticky-fingered baggage handlers though.

There have been numerous cases filed against baggage handlers for stealing items from bags. It's the primary reason why I do not put any electronic items in my checked luggage. Those workers cannot be trusted not to steal.

Or maybe it was TSA who stole it. They actually do open bags and I trust them even less than I trust airline baggage handlers.

[Blue_Tires]

14. i guess he got all 100 percent of the unlockables in MGS4

and Dead Space and Halo 3 and Left 4 Dead and Rock Band 2 and GTA4 and Resident Evil 5 and Fallout 3 and he's ranked in the top 50 online Madden players.....and...and...

Well what the motherfucking hell? That STILL isn't all worth a million dollars!

[Ian David]

20. You calculate how many hours it takes to get all the achievements he's earned...

... multiply those by the minimum wage, and you have the low-end minimum for a decent settlement, IMHO.

[Blue_Tires]

26. but everything he did was during leisure time...the ONLY proper settlement

is a new xbox...let the gamer geek bum some game save files off his friends...

[petronius]

57. It's an interesting idea, but I really doubt any court would go for it

It's like in the pre-digital age, when the photo developer lost a roll from your European vacation - they only owed you a roll of film, not a new vacation. Unless a 'saved game' can be viewed as a form of work product, upon which a value can be placed, I'd say he's SOL. And I'd think he would need real evidence for that valuation, such as a market for these commodities.

That said, I'm not bothered by the million claim - if the airline is truly liable for the $1700, and refused to pay it, they should get slapped. The judge will reduce the million to the appropriate level...

[CRF450]

63. I'v probably played well over 300 hours worth of F.E.A.R. online.

All that I'v achieved in my online play is secured in my head as being experience.

[WI_DEM]

15. Poor Little Jesse

My heart bleeds for you.

[Fire_Medic_Dave]

19. I wonder though if the game was stolen by an employee would the liability limits still apply.

[Marrah_G]

23. I think that is pretty rare these days.

My guy has worked for Delta in the baggage area for over 25+ years.

They are surrounded by security.

When he calls me back I will ask him about it.

[Fire_Medic_Dave]

35. I agree, I'm sure it's very rare.

I just wondered if an overt act by an employee would still be protected by a liability limit.

David

[Missy Vixen]

37. Considering the fact that stuff is stolen out of checked luggage

and we know that checked luggage was opened under the previous administration's TSA with impunity, the attitudes on this thread are a bit surprising.

He's not suing for $1 million. He's suing over the fact that his luggage was opened without his permission, items were stolen, and the airline's trying to hush it up.

Maybe Delta (according to the poster above,) is vigilant re: security in checked luggage areas, but the Seattle Times ran an article shortly after "all your carry-on liquids belong to us" on how airport employees were taking sealed items (such as perfume) out of the "confiscated" barrels for themselves with no penalty.

I'd also like to mention that I can't imagine the fun and games of trying to carry on an Xbox with all of whatever it is he used it with. We've both had trouble getting our CPAP machines through security, despite carrying the letters from the Department of Transportation, etcetera.

[Marrah_G]

38. it's not the fact that he is suing

if her were suing for 1700 bucks...or even double that I would say " more power to you" but the fact that he is suing for 1 million makes him a petulant, spoiled little boy with to much time and money on his hands.

[Missy Vixen]

53. Marrah, with all due respect, have you traveled lately?

I know you mentioned that your husband works for Delta. I'm sure he is an honest person, and does not take things that don't belong to him. My husband and I have both had items stolen out of suitcases in the past. DH's suitcase came home from Australia last year with the locking mechanism smashed, and packed items inside obviously gone through. He wasn't carrying any kind of "contraband" -- just personal possessions and a few souvenirs. At the same time, the less honest baggage carriers know there are few items one can carry on a jet nowadays, and it's less hassle to just pack them. Guess what happens?

Again, the guy's not suing for a million. He's suing over the fact someone went through his luggage, and the only way he's getting attention on this one is to sue for a large dollar amount to get the media to ask questions.

IMHO, YMMV.

[Marrah_G]

82. Like I said upthread. I could respect his lawsuit if he asked for 1700

or even double or triple that. But he isn't he is asking for a million dollars and publicity.

This ranks right up there with the guy who wanted 1 million dollars because a dry cleaner lost his fucking pants.

Yes- my fiance works for Delta and has for a long time. And you are right, he is extremely honest and would never steal just out of principal.

I just called him and asked him specifically about this.

He said that at Logan where he works it is impossible to do without getting caught. Their baggage room is state of the art and there are cameras everywhere. The last time he saw something like that was 10 years ago and the guy was caught in a hurry. He says "yes, I am sure it still happens at some airports, but it's no where near the problem it once was and is almost non existant in the newer facilities."

My problem is that with every stupid lawsuit like this the RW has one more battlecry for tort reform which in turn harms future legitimate lawsuits.

[RaleighNCDUer]

47. I think you are the ONLY one here who gets it.

The government has basically absolved the airlines from any real responsibility for items entrusted to its care. Pay the $3300, and never worry about the fact that a single thief working the baggage could steal hundreds of thousands of dollars of items from peoples' luggage.

Would people be more responsive to the suit if it was an antique silver brooch worth $1700 that was looted instead of a game?

Imagine a scenario where the person inspecting the checked luggage puts an insignificant mark on a bag after inspecting it, so the baggage handler (out of sight of the public) can then reopen that specific bag and grab the XBox, or the jewelry, or the camera before loading it into the plane. It wasn't all that long ago that a gang of luggage thieves was discovered working out of LAX - baggage handlers who had STACKS of stolen bags in their homes, items totaling something like a million dollars worth. They'd been doing it for months, but because the airline is only obligated to pay $3300 per bag, they did not make investigating the losses a priority.

If the airline wants to avoid responsibility they should post a large sign in the baggage check area:

WARNING - OUR EMPLOYEES MAY STEAL YOUR SHIT

ON EDIT: I went searching for links to corroborate my LAX thieves account - only found an article about two thieves found with @ $10,000 of stolen goods - but the article went on to state that it was just a part of the problem, that it IS widespread, and that claims amounting to many millions of dollars have been filed in the 'last year' (i believe it was 2007) and only a fraction of them had been paid off by the airlines.

[Missy Vixen]

54. I read that stuff, too

We had a ring operating out of Sea-Tac that was stealing credit card numbers.

In other words, someone knew what was in that guy's luggage, and they helped themselves. Coincidence? I think not.

[dendrobium]

66. Someone needs to get the Airline industry's attention!

This stealing from people's bags is so widespread. It is not just valuable electronics but sometimes new clothes and shoes. I try to carry the really pricey items in my carry on but now they have restricted the size of the carry on as well. The airlines don't seem to care at all about this issue and so the thieving goes on unabated.

It is very disappointing to buy Christmas presents for your children on a trip and upon your return home you find that some of the goodies have been stolen.

[hugo_from_TN]

67. You are not allowed to transport valuables like that in checked luggage.

Airline rules specifically prohibit things like computers, expensive jewelry, cameras, etc. from checked luggage. If you need to transport that, put it in your carry on luggage or ship it (with insurance) using a shipping service.

The airlines should not be financially responsible for items that they forbid you to put in checked baggage!

[JerseygirlCT]

58. I don't know - there was recently an article up here

about the problem at our airport and it sounded as though it was pretty widespread.

[DS1]

27. Fucking Yale grads

[meegbear]

29. ...

:spray:

[bullwinkle428]

81. First one I thought of, when I read the thread title!!

[customerserviceguy]

31. It says "he filed" the suit

I sure hope there was no lawyer frivolous enough to do this!

[MilesColtrane]

34. Sounds like his XboX was modified.

He could have lost a hundred hours or more of movies and music.

...none of which he probably paid for to begin with.

[AB_Positive]

43. DING DING DING

not just that, I'm a bedroom game programmer myself, modded consoles are the closest you can get to a devkit without lots of cash. If he was making a game on that thing, that's data that's not just irreplacable but it's useless on anything but that modded console.

I hope he gets at least the $1700. Dunno how that $1M number got in there though.

[TexasObserver]

51. He's going to get $1000 and a $999,000 ass whipping.

The airlines is protected by tariffs that limit their liability. As the article notes, the most he could possibly get is $3300, and he won't get that. What he will get is a load of discovery requests that will keep him busy for the next two months.

[Initech]

56. Yeah no shit.

Reminds me of an old Simpsons joke where Bart sues the makers of Krusty-O's cereal and Bart gets $500 and Lionel Hutz gets the remaining $195,500. :rofl:

[lumberjack_jeff]

55. His Yale education cost his dad $500k. He has dedicated at least twice the hours to Halo.

Exhibit #1 on why education ≠ intelligence.

[BlueCollar]

61. Airline has to pay lawyers to defend against Bullshit lawsuit

Fees for lawyers come from charging for pillows and blankets.

Fees for pillows and blankets piss off public...

Public pissed off at airlines...

need I say more?

[Manifestor_of_Light]

62. He's trying to get their attention with punitive damages.

The amount of theft is ridiculous. I say he should go for it; there is no guarantee he will get anything beyond actual value of the Xbox.

However, he should at least get a court hearing and a determination by the judge or jury as to punitive damages.


It takes a large amount of damages to make a defendant pay attention and change their ways.

[KittyWampus]

75. That's all I am saying. Let this go to court and see what happens.

[hugo_from_TN]

64. He deserves and should receive $0

From Delta's General Rules Tariff (agreed to when you buy a ticket):

Precious or Highly Valuable Items
Precious or other highly valuable items, including without limitation cash, cash equivalents, securities, negotiable instruments, irreplaceable documents, jewelry, silverware, precious metals, works of art, computers, electronic equipment, photographic equipment, and any other items that cannot be easily replaced if lost or damaged may not be transported in checked baggage.


That is why you are not allowed to check a laptop computer. He's a moron and deserves nothing.

[taterguy]

68. An Xbox is too bulky for carry-on

I guess he could have left it behind in New Haven but have you ever suffered from Xbox withdrawal?

It's a fate that I wouldn't wish on my worst enemy

[hugo_from_TN]

76. Fedex? UPS?

Airlines are in business to move people. If this special Xbox was worth up to $1M to him, he could easily ship it. I've done that for items too big to carry on that shouldn't be checked.

[BlooInBloo]

79. I've seen too many seemingly "frivolous" lawsuits turn out to be quite reasonable...

once the full details were understood. The classic case of this being the McD's hot coffee kerfluffle.

Comment on this lightly-detailed case withheld.