Race discrimination claim preempted by Warsaw Convention

Sewer v. LIAT (1974) Ltd. (D. Virgin Islands Feb. 16, 2011).  The plaintiff had purchased a ticket for a LIAT flight from the British Virgin Islands to Antigua.  The flight was overbooked, so airline personnel informed the plaintiff that he would have to take a later flight.  Undeterred, the plaintiff (and the other waiting would-be … More Race discrimination claim preempted by Warsaw Convention

Airline obtains summary judgment in case involving passenger assault and false arrest claims

Ginsberg v. American Airlines (S.D.N.Y. Sept. 27, 2010).  The plaintiff was a passenger on an American flight from New York (JFK) to Turks and Caicos.  After visiting the restroom during the flight, the plaintiff moved a food cart out of his way so he could return to his seat.  However, a flight attendant had instructed … More Airline obtains summary judgment in case involving passenger assault and false arrest claims

Airline’s liability for injury caused by fellow passenger limited by Montreal Convention

Wright v. American Airlines, Inc. (N.D. Tex. Feb. 8, 2010).  Article 21 of the Montreal Convention governs the compensation owed by an airline for a passenger’s bodily injury or death.  Where an “accident” within the meaning of Article 17(1) has occurred, Article 21(1) provides that the airline is strictly liable for provable damages not exceeding … More Airline’s liability for injury caused by fellow passenger limited by Montreal Convention

Ninth Circuit again rejects passengers’ deep vein thrombosis arguments

Twardowski v. American Airlines, Inc. (9th Cir. (Cal.) July 30, 2008).  The passengers in these consolidated appeals alleged that they had suffered injuries from deep vein thrombosis (“DVT”) they had developed during flights for which they had bought tickets between 2001 and 2004.  They alleged that the airlines were liable for such injuries because the … More Ninth Circuit again rejects passengers’ deep vein thrombosis arguments

Court declines to dismiss complaint in passenger heart attack case

Watts v. American Airlines, Inc. (S.D. Ind. Oct. 10, 2007).  During a flight from Japan to Chicago in 2005, the passenger had a heart attack and died in a lavatory.  He was discovered by cleaning personnel after the aircraft had landed. The plaintiff, the passenger’s wife, filed a lawsuit against American.  The airline moved to … More Court declines to dismiss complaint in passenger heart attack case

Montreal Convention inapplicable where injured passenger unable to prove that airline regarded multi-airline carriage as “single operation”

Kruger v. United Air Lines, Inc. (N.D. Cal. Nov. 1, 2007).  While waiting on a jetway to board a flight from San Francisco to Seattle, the passenger was inadvertently struck on the head by a backpack swung by another boarding passenger.  The passenger was able to board but became “dazed and nauseated” during the flight … More Montreal Convention inapplicable where injured passenger unable to prove that airline regarded multi-airline carriage as “single operation”

Passenger’s seating decision dooms her personal injury lawsuit

Zarlin v. Air France (S.D.N.Y. Sept. 6, 2007).  A flight attendant reseated the passenger during an international flight after she complained that the passenger in front of her had deliberately reclined his seat so that it touched her.  Without informing a flight attendant, the passenger returned to her original seat because the alternative seat was … More Passenger’s seating decision dooms her personal injury lawsuit