Man sues airline for $517k

SHOWING up at the airport early, getting an earlier flight and then being bumped created a “sliding doors’’ moment that a Gold Coast man alleges led to him being injured.

Harry Hatzikalimnios, of Bilinga, whose foot was injured as he disembarked from the plane to make way for the original booked passenger, is now suing Virgin Australia for $517,000. He was booked to fly from Coolangatta to Sydney at 4.05pm on January 15 last year.

When he arrived at the airport he asked Virgin Australia staff if he could get the 2.05pm flight and was given a boarding pass for the earlier flight, his District Court claim says.

Mr Hatzikalimnios boarded the plane and was seated when a Virgin staff member told him the passenger originally allocated the seat had arrived. He was instructed to disembark, his claim says.

Mr Hatzikalimnios retrieved his cabin luggage and followed the Virgin employee down the rear stairs of the plane.

But embarking passengers were walking up the stairs at the same time and one allegedly collided heavily with Mr Hatzikalimnios, who lost his footing and landed heavily on his left foot, the claim says.

Mr Hatzikalimnios claims he suffered ankle and foot injuries, aggravation of a pre-existing degenerative osteoarthritis in his left hip, psychological symptoms and distress.

The injury has impaired his ability to remain independent and he still suffers pain, it is claimed.

Mr Hatzikalimnios is suing Virgin Australia for $517,440, under section 28 of the Civil Aviation (Carriers Liability) Act. It makes an airline liable for any bodily injury suffered by a passenger resulting from an accident on board or while embarking or disembarking.