He’s seeking $3,000 in compensation.

Emirates Airlines are being sued by an Italian lawyer after being seated alongside an overweight passenger on a flight.

Giorgio Destro says he was in the window seat close to an overweight passenger in early July. When he asked to change seats, airline staff told Destro it would be impossible because the flight was full, according to local newspaper Il Mattino di Padova.

In his civil lawsuit, Destro is seeking €2,759.51 (about $3,000) in settlement and damages. The hearing is scheduled for October 20.

Destro “had to stand in the aisle, sit on seats reserved for the cabin crew when they were free” and “endure the ‘spillover’ of the passenger” on the nine-hour flight from Cape Town to Dubai, he wrote in his summons. The attorney shot selfies while seated, which he included in the lawsuit.

The aircraft has “310 spacious seats in Economy Class based on SeatGuru.

Since airline deregulation in the 1970s, the average airline seat has shrunk in width by almost two inches.

A year ago, a passenger sued Etihad Airlines for “injuries while sitting alongside an overweight passenger ” incurred.

An Emirates representative told stated the company is unable to comment on the case because it truly is an ongoing legal matter.

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