A toddler was accidentally hit by an American Airlines flight while preparing to take a “once in a lifetime” trip to Disney World with his deaf mother and military veteran father, who claimed a ticket agent lied to them about the plane being oversold.
Coby Stewart, the child’s father, was promised a $1,200 voucher and a guarantee to see his family again later that day at Dallas Fort Worth International Airport, but never received a refund after a representative called him — while he was racing to an airport in another state to try to catch a replacement flight with his 4-year-old son Archer — and said the offer was no longer valid because of the original flight. has not been sold out after all, according to a lawsuit reviewed by Independence.
Attorney Chris Ieyoub said Independence that Stewart did not in fact reunite with the others in Dallas, but that he and Archer eventually arrived at the Disney resort that night, exhausted, following the others. Stewart and Archer “risked their lives” by speeding to another airport in the next state to catch their new flight, Ieyoub said.
American is believed to be the airline that accidentally bumps the largest number of ticketed passengers, but all airlines have complained about this practice. Air Canada made headlines in 2017 after hitting a 10-year-old boy on a flight to Costa Rica, after which the boy’s parents were forced to travel to two other airports and spend an additional $850 to get there.
That same year, when a Chicago pulmonologist refused to be kicked off a United Airlines flight to Louisville to make room for a stubborn employee, he was forcibly dragged off the plane by police, suffering a concussion, a broken nose and two broken teeth.
American Airlines is facing legal action after a family trip was ruined due to flight overbooking (Getty Images)
According to the U.S. Department of Transportation, impacted passengers delayed by one to two hours are entitled to compensation equal to twice the one-way price of the flight on which they were impacted, with a cap of $1,075. For flights delayed more than two hours, delayed passengers can receive four times the one-way value of their original ticket, with a maximum of $2,150.
American Airlines did not respond to a request for comment.
On January 2, 2025, in Calcasieu Parish, Louisiana, residents Coby and Emily Stewart paid $5,187.58 for six round-trip American tickets, with service on the American Eagle from Lake Charles Regional Airport to Orlando, Florida, for themselves and their four children, ages 4 to 11, according to their complaint, which was initially filed on February 27 in state court and transferred to federal court on March 10.
They were preparing to take a “once in a lifetime trip” to Disney and they booked everyone a “priority seat,” the complaint states.
The Stewarts arrived at the airport nearly two hours early and checked in immediately, complaints continued. It says Coby identified himself to the ticket agent as a U.S. Army veteran, and informed her that his wife was deaf and that he worked as her sign language interpreter.
That’s when the representative told the couple that the flight was “oversold” and that one person in their group would have to crash – even though the family arrived before many other passengers on the same flight, the complaint continued.
Coby and Emily “reiterated to the ticket agent that the family was inseparable because [Emily’s] disabled and unable to take care of four minor children… without the support of [her husband],” the complaint states.
Coby Stewart was ‘assured’ by an American Airlines ticketing agent that he would be able to meet his family again at Dallas Fort Worth International Airport, but that never happened, according to a lawsuit (Getty Images)
However, according to the complaint, the ticket agent doubled down and “refused to accommodate” the family.
“In fact, as the boarding process was beginning and after all plaintiffs had been checked in and screened through TSA, the American Airlines ticketing agent advised Coby and Emily Stewart that [the carrier] was preparing to kick four-year-old Archer Stewart off the flight,” the complaint claims.
With no other options, Coby left Emily with the other children and went with Archer to Jack Brooks Regional Airport in Beaumont, Texas, more than 90 minutes away, to try to catch another flight. The American ticket agent at the Lake Charles airport told Coby he would receive a $1,200 voucher for his trouble and that he was “guaranteed to contact his family at Dallas Fort Worth International Airport,” the complaint said.
While the two were racing to Beaumont, Coby received a phone call from the ticket agent, who said the original flight was in fact not overbooked and that she was canceling his $1,200 voucher, the complaint alleges.
“Only after learning of Emily Stewart’s special needs did the American Airlines ticketing agent inform the Stewart family that they were the only passengers in the lottery to be removed from the full flight,” the complaint said.
Stewart’s family is now seeking damages for intentional infliction of distress, fear and anxiety, plus court costs and interest.
Last week, American Airlines requested an additional 21 days to formally respond to the allegations, saying the airline “recently hired” attorneys and needed “more time to conduct an investigation.”