We all like to have as much space to ourselves as possible while flying, but sometimes that’s just not the reality. Close quarters on a nine-hour Emirates flight led to a lawsuit from one passenger who claims his trip was ruined because of the “spillover” from the obese man seated next to him.

The passenger, an Italian lawyer from Padua with “Gold” member status in the airline’s frequent flier program, says he asked flight attendants for another seat on the July flight from Cape Town to Dubai, but the flight was full, reports Italian newspaper Mattina Padova (via The Telegraph).

He’s now suing the airline for around €2,759 (roughly $3,091), which includes €759 ($847) in compensation for his fare and €2,000 (about $2,232) in damages.

“For nine hours, I had to stand in the aisle, sit on seats reserved for the cabin crew when they were free, and in the final phase of flight resign myself to suffer the spillover of the passenger at my side,” the man reportedly told the Italian paper.

He also took a photograph of the situation to back up his claims.

Emirates did not comment since litigation is pending. The case is scheduled for Oct. 30 in Italy.

Passengers have sued over their seatmates before: in August 2015, an Australian man sued Etihad Airways, claiming he had to contort his body to avoid being in contact with his “grossly overweight” seat mate, resulting in a back injury, BBC reported.

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