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

Passenger unable to break Montreal Convention baggage liability limit

Bassam v. American Airlines (5th Cir. (La.) July 14, 2008).  Four months after her international flight, American Airlines delivered the passenger’s missing baggage to her.  The passenger claimed that items were missing from the baggage, and she sued the airline in state court for over $5,000 for the value of the missing items.  The airline … More Passenger unable to break Montreal Convention baggage liability limit

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”

Airline not liable to passenger for substitute transportation

Oparaji v. Virgin Atlantic Airways, Ltd. (E.D.N.Y. Sept. 19, 2006).  Instead of boarding his flight after being questioned about his passport, the passenger spent time venting his anger to airline personnel, causing him to miss the flight.  The passenger then bought a ticket from another airline. In his lawsuit, the passenger alleged every cause of action he could dredge up, and … More Airline not liable to passenger for substitute transportation