Spirit Airlines is facing a lawsuit after allegedly abandoning an “unaccompanied and disoriented” elderly passenger with dementia at a Texas airport, leading to his death after he wandered onto a highway and was struck by traffic, according to a federal complaint reviewed by The Independent, News.Az reports.

The lawsuit, filed by relatives of Marcos Humberto Vindel Osorio, claims the family informed Spirit Airlines at check-in that the 75-year-old suffered from cognitive impairment and would require assistance when deplaning and navigating the airport upon arrival in Houston.

According to the complaint, a Spirit Airlines agent allegedly confirmed that assistance would be provided.

However, the filing states that “Spirit provided none.”

The lawsuit alleges that after being left without assistance, the man became disoriented and later left the airport area, ultimately wandering onto a nearby highway where he was fatally struck by oncoming traffic.

The case raises questions about airline responsibilities for passengers requiring special assistance, particularly those with cognitive or medical conditions.

When Osorio never appeared in the arrivals area at George Bush Intercontinental Airport, family and friends waiting for him became increasingly concerned and called the police, according to the complaint.

Osorio’s body was found later that night on the Eastex Freeway, miles from the airport – a walk the complaint estimates would have taken some two hours.

“Mr. Osorio had been struck and killed by multiple vehicles,” the complaint states.

Commercial airlines “do not ordinarily confirm special assistance for a passenger with a known cognitive disability and then provide no assistance whatsoever,” the complaint goes on.

It says that Spirit’s “failure to provide the promised assistance – leaving a 75-year-old man with dementia to navigate alone from an international gate through customs and out of a major international airport at night – was the direct and proximate cause of Mr. Osorio’s death.”

What happened to Osorio “is every family’s nightmare,” attorney Russ Brudner told The Independent.

“This family has suffered an unimaginable loss,” Brudner said. “They trusted an airline to keep their father safe for the last few miles of his journey home. That trust was broken in the most devastating way possible. We filed this lawsuit on their behalf because what happened to Marcos should never happen to anyone, and Spirit Airlines must be held accountable.”

In the U.S., individual carriers are responsible for providing disability assistance at airports; the Air Carrier Access Act requires they do so for passengers who need it, including those with cognitive impairments. Earlier this year, a traveler in a wheelchair sued after a Southwest Airlines employee allegedly abandoned her in a restroom during a stopover at Hartsfield–Jackson Atlanta International Airport.

A spokesperson for Spirit Airlines, which recently declared bankruptcy and is presently winding down operations, declined to comment on ongoing litigation.

On June 8, 2024, a relative checked Osorio in for a flight to Houston from Palmerola International Airport in Comayagua, Honduras, aboard Spirit Airlines flight 1630, according to the complaint, which was filed April 22 in Houston federal court.

Osorio, who lives in Honduras, was traveling to the U.S. to visit family, Brudner told The Independent.

Osorio suffered from “mild dementia that was triggered and exacerbated by stress,” the complaint continues. “Because of this condition, Mr. Osorio required assistance and supervision when traveling alone through unfamiliar environments.”

The relative told the agent about Osorio’s condition and said someone would need to assist him in getting off the plane and through the airport in Houston, the complaint states. It says the agent “confirmed and acknowledged” the request, and that he was wheeled to the departure gate “smiling and waving.”

The three-hour flight touched down at George Bush Intercontinental shortly before 7 p.m. local time, according to the complaint.

“Notwithstanding Spirit’s confirmed promise to provide Mr. Osorio with deboarding and airport assistance, Spirit failed to provide any such assistance,” the complaint says, adding that Osorio then proceeded through the terminal “without any supervision, assistance or escort.”

Osorio’s daughter Yisell, along with other family and friends, were at the airport to welcome Osorio, but when he didn’t show up at their pre-arranged meeting location, they “became alarmed and began attempting to locate him.” A U.S. Customs and Border Protection agent told the family that Osorio had been processed and cleared for entry at 7:43 p.m., and was unaccompanied, the complaint states. At that point, the Osorios contacted police and searchers fanned out to look for him, according to the complaint.

More than three hours later, Osorio’s body was discovered along U.S. Route 59, also known as the Eastex Freeway, the complaint says. Apparently disoriented, Osorio had walked several miles away from the airport and was killed after being hit by “multiple” vehicles, according to the complaint.

Broadly speaking, the airline industry has taken steps to make life easier on passengers suffering from dementia.

Last year, TSA agents at Sky Harbor Airport in Phoenix became the first in the nation to receive special training on how to improve interactions with dementia patients going through security checkpoints.

In 2016, London Gatwick Airport became the first to roll out the “Hidden Disabilities Sunflower” program, offering special lanyards that discreetly signal to airline staff that a traveler with dementia or another “invisible” condition might need extra help.

To accommodate the aging population, Virgin Atlantic Airways offers a selection of short films onboard that are meant to provide “a soothing and inclusive viewing experience for customers living with dementia.”

The Osorio family is now seeking compensatory damages, survival damages and wrongful death damages, plus interest, for, among other things, mental anguish; loss of companionship, society and support; and funeral and burial expenses.

An initial pretrial conference is scheduled for July 17.

News.Az 

By Nijat Babayev