Category: Negligence

Lost profits expert witness overcomes Daubert challenge in avionics theft case

February 24, 2020

Entourage Custom Jets, LLC v. Air One MRO, LLC (S.D. Fla. Feb. 20, 2020).  Burglars removed avionics equipment from an MD-87 in the possession of an MRO performing maintenance and upgrade work on the aircraft.  The aircraft’s owner and its subrogated insurer sued the MRO and its landlord, alleging breach of bailment, negligence and other … More Lost profits expert witness overcomes Daubert challenge in avionics theft case

ADA preempts father’s claims against airline for allowing son to travel without parental permission

February 2, 2020

Edwards v. Southwest Airlines Co. (S.D. Ohio Jan. 28, 2020).  As a ruse, the plaintiff’s 14-year-old son asked his grandfather to go to Starbucks to get him a Frappuccino, according to the complaint.  With his grandfather out of the house, the teen headed to the Columbus airport, intent on boarding a Southwest flight to New … More ADA preempts father’s claims against airline for allowing son to travel without parental permission

Airline not liable to passenger for injury sustained while avoiding fast-moving flight attendant

January 19, 2020

Kopp v. Delta Airlines, Inc. (E.D. Ky. Dec. 26, 2019).  During a domestic flight, the passenger/plaintiff was standing in the aisle when a flight attendant came “rushing” toward her “at a high rate of speed,” according to the complaint.  The plaintiff alleged that, while trying to get out of the way, she caught her foot … More Airline not liable to passenger for injury sustained while avoiding fast-moving flight attendant

Elder Abuse Act claim against airline fails in federal district court

May 10, 2018

Balukjian v. Virgin America, Inc. (N.D. Cal. Mar. 9, 2018).  The passenger/plaintiff was traveling on a red-eye flight from San Francisco to Boston with her 93 year-old father, who had a portable oxygen concentrator with him.  During the flight, the plaintiff’s father felt ill.  He asked her for oxygen, which she attempted to provide using … More Elder Abuse Act claim against airline fails in federal district court

Court trims passengers’ claims in case alleging hard landing injuries

January 11, 2018

Callahan v. United Airlines, Inc. (W.D. Okla. Sept. 28, 2017).  In their amended complaint, the passengers/plaintiffs alleged that the hard landing of their flight from Cancun, Mexico, to Houston caused permanent injuries to plaintiff Sylvia Callahan’s spine.  The other plaintiff, Ms. Callahan’s husband, did not allege any physical injuries from the landing.  The plaintiffs advanced … More Court trims passengers’ claims in case alleging hard landing injuries

Court enforces conditions of carriage in missing jewelry lawsuit

July 10, 2017

Hekmat v. U.S. Transportation Security Administration and JetBlue Airways Corporation (S.D.N.Y. Mar. 29, 2017).  Before her flight from JFK to LAX, the passenger/plaintiff packed eight rings worth over $95,000 in her “Rimowa hard shell suitcase with integrated lock system,” which she then checked with JetBlue.  After retrieving the bag at LAX, the plaintiff “immediately” opened … More Court enforces conditions of carriage in missing jewelry lawsuit

ADA preempts passenger’s negligence claims arising from impact with video monitor

March 5, 2017

Fawemimo v. American Airlines, Inc. (S.D.N.Y. Jan. 30, 2017).  While approaching her seat on a flight from JFK to LAX, the passenger/plaintiff hit her head on a video monitor mounted on a bulkhead wall of the 767 aircraft.  The plaintiff alleged in her pro se state court complaint against American that the monitor was “reckless … More ADA preempts passenger’s negligence claims arising from impact with video monitor

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

Airline not liable for customer’s travel-related misfortunes

April 14, 2016

Naqvi v. Saudi Arabian Airlines, Inc. (D.D.C. Feb. 12, 2016).  The plaintiff’s air travel originating at Washington Dulles International Airport included a connecting flight on Saudi Arabian Airlines from Jeddah, Saudi Arabia to Islamabad, Pakistan.  Upon arriving at Jeddah, the plaintiff learned that the flight to Islamabad would be departing from a distant terminal, not … More Airline not liable for customer’s travel-related misfortunes