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No space in middle seat due to overweight passenger - crew refused to change seats

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My wife was yesterday on DL 1173 from TPA to LGA. She had a middle seat and next to her was a passenger weighting in excess of 300 pound. she could not move in her seat at all being pushed aside by the overweight passenger and she has leg pain and severe backpain as a result of the flight. She asked several times the crew to change the seat assignment and the crew refused to take this even into consideration despite several open seats on the flight. What can be done against Delta ? Do you recommend that we sue Delta or would you recommend that we talk to their customer complaint department first to demand monetary compensation. Its clearly a breach of contract and despicable behavior of Delta. Please advise

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