Category: Embarking or disembarking

Ejected passenger’s claims fall, and fail, under Montreal Convention

December 12, 2011

Rogers v. Continental Airlines (D. N.J. Sept. 21, 2011).  The passenger and her daughter boarded the aircraft for a flight from Newark, New Jersey, to Cancun, Mexico, and stood in the forward galley while flight attendants tried to sort out their seat assignments.  While waiting, the passenger answered a call on her mobile phone.  When … More Ejected passenger’s claims fall, and fail, under Montreal Convention

Court denies airline’s summary judgment motion in trip and fall case

September 25, 2011

Walsh v. Koninklijke Luchtvaart Maatschappij N.V. (S.D.N.Y. Sept. 12, 2011).  The plaintiff tripped over a metal bar and fell in a departure gate seating area while walking to join a line of persons waiting to board a flight from Amsterdam to New York.  The plaintiff alleged in his complaint that he sustained a fractured elbow … More Court denies airline’s summary judgment motion in trip and fall case

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

February 27, 2008

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”

Court analyzes “accident” location in ruling on passenger remand motion

September 10, 2007

Bunis v. Israir GSA, Inc. and Israir Airlines & Tourism, Ltd. (E.D.N.Y. July 30, 2007).  The passenger arrived at JFK on an international flight and deplaned.  At the arrival gate, the passenger asked an airline employee for a wheelchair.  After waiting 20 minutes, the passenger started walking toward the baggage claim area.  In the international … More Court analyzes “accident” location in ruling on passenger remand motion

Injured passenger embraces Warsaw Convention then tries, without success, to avoid it

July 21, 2007

Sanchez-Morrabal v. Omni Air Services, Co. (D. Puerto Rico July 6, 2007).  Way back in 2001, the passenger fell off a ramp and injured his leg while boarding an aircraft in Honduras for a flight to Puerto Rico.  In his 2006 lawsuit against the airline, one of the passenger’s causes of action was for relief under … More Injured passenger embraces Warsaw Convention then tries, without success, to avoid it

Airline’s summary judgment motion under the Warsaw Convention denied because passenger had not been “embarking”

April 28, 2007

Dick v. American Airlines, Inc. (D. Mass. Mar. 12, 2007).  The international travel itinerary of the plaintiff and her elderly mother, who required wheelchair assistance, included a connecting flight at Miami International Airport.  American provided (through a contractor) a wheelchair escort to assist the plaintiff’s mother in getting from the arrival gate to the departure … More Airline’s summary judgment motion under the Warsaw Convention denied because passenger had not been “embarking”

Airline obtains summary judgment in offended passenger case

April 15, 2007

Maduro v. American Airlines, Inc. (Virgin Islands Super. Feb. 26, 2007).  During a layover in Puerto Rico, the passenger approached American’s ticket counter to verify her connecting flight to the Virgin Islands.  The ticket agent supposedly refused to return the passenger’s ticket and told her “to shut up and take a seat” and that she … More Airline obtains summary judgment in offended passenger case