Anyoku, et al, Individually and on Behalf of All Others Similarly Situated v. World Airways, Ritetime Aviation and Travel Services, Inc. and Peter Obafemi
On January 27, 2004, passengers on flights operated by World Airways Inc. (Nasdaq:WLDA) through their lawyers, Echeruo, Counsel, Attorneys at Law, LLP and Madu, Edozie & Madu P.C., filed a Class Action lawsuit in the United States District Court for the Eastern District of New York against World Airway Inc., Ritetime Aviation and Travel Services, Inc. and Peter Obafemi. The Class Action was filed on behalf of a class (the "Class") of all persons holding World Airways tickets for travel originating from the United States to Nigeria in the period between November 4, 2003 and January 31, 2004 and who were not transported to their destinations on schedule, due to World Airways' discontinuation of flight operations to Nigeria in December 2003. See the Complaint.
The action arose from World Airways' decision to completely cease flight operations to Nigeria , abandoning passengers with round trip tickets and leaving the majority of them stranded in Lagos , Nigeria for over three (3) weeks. The case was assigned to Judge Raymond J. Dearie.
The Class Action law suit alleges that World Airways violated U. S. Federal laws and regulations governing air transportation including 14 C.F.R 212 and 14 C.F.R 380 and concealed this conduct from the DOT. Specifically, the DOT's regulations a.) require that charter airlines honor the international round trip tickets of passenger they transport to destinations outside the United States; b.) mandate an escrow system for protection of passenger ticket payments; c.) prohibit cancellation of flights within clearly specified time frames; d.) impose an affirmative duty on carriers to perform due diligence on the charter operators with whom they contract; and e.) impose an affirmative duty on carriers to ensure that a tour operator's conduct and flight operations are operated in accordance with the DOT's regulations. These regulations were instituted to protect travelers from precisely the types of problems the plaintiff class suffered. “World Airways appears to have engaged in a repeated pattern of violating Federal law. They cannot escape their responsibility to their passengers and their own wrongful conduct by pointing to Ritetime. This was a lucrative route for World Airways, the second largest source of revenue for them, their passengers deserved better.” said Ike O. Echeruo, Esq., an attorney representing the plaintiffs.
According to name plaintiff Dr. Obiora Anyoku, a New York based physician, “World Airways' conduct was outrageous. How can any decent company leave over 1,000 people stranded in a foreign country and simply ignore its responsibility. We have jobs and families to go back to, and children returning to school.” Name plaintiff, Temi Adepoju, a NASA employee, said "I have not been in Nigeria for over 10 years. My experience with World Airways was awful. They didn't deliver my luggage when I arrived in Lagos and they just abandoned me on the return trip. I had to spend over $2,000 to get back to my family." Another name plaintiff McLord Obioha, a New York based journalist, said: “We suffered a great deal at the Lagos airport. World Airways did not even provide us with food, water or accommodation. It was hell. I can guarantee that this form of maltreatment would not have been accorded passengers of non-African descent.”
The Complaint also alleges that World Airways and its co-defendants committed fraud and were engaged in a corrupt enterprise in violation of the Federal Racketeer Influenced and Corrupt Organizations Statute (RICO). “ The plaintiffs have sustained significant damages and World Airways will be held accountable”, said John Edozie, Esq., an attorney representing the plaintiffs.
In addition, the Complaint alleges that the defendants are in breach of contract in addition to several common law claims.
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