Category: Emotional distress damages

Airline not liable for refusing to board customer who admitted she appeared to be drunk

September 12, 2016

Pipino v. Delta Air Lines, Inc. (S.D. Fla. July 18, 2016).  When the plaintiff lined up at the gate to board the flight from LaGuardia Airport to Tampa, she was not at her best; she had a chipped a tooth the previous night, had a painful blister on her foot and had consumed three alcoholic … More Airline not liable for refusing to board customer who admitted she appeared to be drunk

Montreal Convention cancels ticketholders’ canceled ticket claims

June 23, 2016

Papaiyawala v. Saudi Arabian Airlines (E.D.V.A. Apr. 15, 2016).  The plaintiffs, a married couple, had purchased tickets for the wife’s parents to travel from India to New York.  Several days before the outbound flight, Saudia canceled the tickets in response to a fraud alert from the plaintiffs’ credit card company and then initiated the process … More Montreal Convention cancels ticketholders’ canceled ticket claims

Passenger’s fear of contagious disease not compensable under Montreal Convention

November 30, 2015

Jane Doe v. Etihad Airways, P.J.S.C. (E.D. Mich. Oct. 13, 2015).  During a flight from Abu Dhabi to Chicago, the passenger/plaintiff was pricked by a discarded syringe when she reached into in a seatback pocket.  The plaintiff sought treatment from her physician, who prescribed antiviral drugs and HIV and hepatitis tests.  The tests, which were … More Passenger’s fear of contagious disease not compensable under Montreal Convention

Court shows the door to passenger’s exit row seating claims

April 3, 2015

Naqvi v. Turkish Airlines, Inc. (D.D.C. Feb. 23, 2015).  While checking in for his Turkish Airlines flight from Washington Dulles International Airport to Istanbul, Turkey, the passenger/plaintiff requested an exit row seat.  According to the plaintiff, airline personnel denied his request but promised him a “leg space seat.”  The plaintiff alleged that, upon boarding the … More Court shows the door to passenger’s exit row seating claims

Court downgrades passengers’ seating upgrade lawsuit

January 21, 2015

Gulilat v. Delta Air Lines, Inc. (S.D. Fla. Oct. 29, 2014).  After boarding their flight from New York to Ghana, the two passenger/plaintiffs made a request to a flight attendant that they be reassigned to “upgraded comfort seats,” according to their amended complaint.  The plaintiffs asserted that Delta employees not only denied their request, but … More Court downgrades passengers’ seating upgrade lawsuit

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

Airline prevails on summary judgment by proving it took all reasonable measures to avoid delaying passengers

December 2, 2010

Cohen v. Delta Air Lines, Inc. (S.D.N.Y. Nov. 8, 2010).  The plaintiffs had tickets for travel from New York (JFK) to Buenos Aires, Argentina, connecting in Atlanta.  Due to an air traffic control mandate, the flight to Atlanta was delayed, and, as a result, the plaintiffs missed the flight to Buenos Aires.  Delta booked the … More Airline prevails on summary judgment by proving it took all reasonable measures to avoid delaying passengers

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

November 30, 2010

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

Passenger unable to break Montreal Convention baggage liability limit

July 27, 2008

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

Airline’s liability limited even for baggage checked against passenger’s will

May 26, 2007

Booker v. BWIA West Indies Airways Limited (E.D.N.Y. May 8, 2007).  After the passenger had boarded the aircraft for a flight from JFK to Guyana in 2004, the airline required that she check, “against her will,” two bags she was carrying.  When the passenger arrived in Guyana both bags were missing.  The bags did reappear four … More Airline’s liability limited even for baggage checked against passenger’s will