Investigates

Couple Sues Southwest Over Wheelchair Damage

THORNTON, Colo. (CBS4) ― A disabled couple in Thornton is suing Southwest Airlines after their motorized wheelchair was apparently damaged on a flight more than a year ago. The airline has extended an apology, but said the matter is closed.

George and Esther Ruiz's lawsuit claims the airline failed to adequately repair the wheelchair which is worth $2,700.

George, 53, said the couple was flying to Las Vegas to visit their daughter and found the custom-made wheelchair broken when they arrived.

"When we arrived at the airport, you can see the base, you can actually see right here is broke, it's cracked," he said.

The couple showed CBS4 letters to and from the airline dating back more than a year. The airline wrote that it had repaired the wheelchair, provided the Ruizes with a loaner in Las Vegas and refunded the cost of their tickets.

Esther claims the loaner was not adequate and ruined the trip to see their daughter.

"They had made plans for us to see shows and see the strip," she said. "We ended up the whole time at my daughter's house."

George said that without the use of his motorized wheelchair, he has felt like a shut-in.

"Nothing happened, I started getting depressed," he said. "I went to my doctor and said 'I'm so depressed that I don't want to go on any more.'"

"I'm trying desperately from keeping my husband from killing himself because he's been locked up for so long," Esther said.

A church group has recently loaned George another motorized wheelchair which provides some mobility. But it doesn't fit in their car.

Southwest said it has not received a copy of the lawsuit, so it can't respond to specific claims. It did say proper procedures were followed.

Additional Resources:

Southwest Airlines comment:

We have not received the lawsuit in question, and therefore cannot respond to all of the claims accordingly. However, our records indicate that we have repaired the damages to Mr. Ruiz's wheelchair that were initially reported to us on April 6. Additionally, we refunded Mr. and Mrs. Ruiz's air fare to accentuate our apologies for their inconvenience while traveling with us. We have every indication that we followed proper procedure in repairing Mr. Ruiz's wheelchair. We extend our heartfelt apologies for any inconvenience Mr. Ruiz encountered as a result of the damage to his wheelchair, and we regret his unhappiness of our resolution to his claim.

Ruiz Lawyer Responds:

Dear Mr. Sallinger:

I am responding to the Southwest statement relating to Mr. and Mrs. Ruiz, as their legal counsel. The following is Mr. and Mrs. Ruiz's response:

The Southwest statement continues its complete disregard of the facts and its prior outrageous actions. It sends a message to persons with disabilities that this airline doesn't really care about them. If Southwest had only looked at the obvious physical damage it caused to Mr. Ruiz's Hoveround, it would do more than just apologize. This apology is not sufficient to remedy the harm caused to Mr. and Mrs. Ruiz. Apparently, it will take a court of law verdict for justice to be accomplished. My clients look forward to presenting their case in court because they have fully documented the damage caused, including photographs of the damaged Hoveround when it was returned to them after Southwest allegedly made repairs.

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