Category: Passenger claims – domestic flights

Third Circuit upholds summary judgment for airline in overbooking case

June 6, 2010

Kalick v. Northwest Airlines Corp. (3d Cir. (N.J.) Mar. 29, 2010).  Northwest bumped the customer from a flight from Kansas City to Philadelphia.  The customer responded by filing a lawsuit in federal district court, alleging that Northwest had violated 14 C.F.R. § 250.9 by failing to provide him compensation for the bumping and also asserting state … More Third Circuit upholds summary judgment for airline in overbooking case

Airline required to disclose passenger contact information, but not employee contact information, in refusal to transport case

December 28, 2008

Nathaniel v. American Airlines (D. Virgin Islands Nov. 20, 2008).  According to the passenger, airline personnel forced her off the aircraft before the domestic flight and refused to transport her because they had determined “she was too fat” and represented a safety “hazard.”  The passenger’s complaint, which set forth causes of action for breach of … More Airline required to disclose passenger contact information, but not employee contact information, in refusal to transport case

Court holds that airline met applicable standard of care in disabled passenger slip and fall case

October 25, 2008

Elassaad v. Independence Air, Inc. (E.D. Pa. Aug. 20, 2008).  After a domestic flight, the passenger “fell down the airplane’s stairway” while disembarking from the aircraft.  At the time of the fall, the passenger “had an above-the-knee amputation of his right leg and relied on two crutches to walk” but did not use a wheelchair.  … More Court holds that airline met applicable standard of care in disabled passenger slip and fall case

Passenger ground delay case is trimmed but survives

September 1, 2008

Ray v. American Airlines, Inc. (W.D. Ark. Aug. 22, 2008).  The passenger’s December 2007 flight on American from Oakland to Dallas was diverted to Austin due to weather conditions.  The passenger claims that she was confined to the aircraft in Austin against her will and that she endured “deplorable conditions” during the 11-hour ground delay. … More Passenger ground delay case is trimmed but survives

Court denies passenger recovery against airline for loss of itinerant robot head

June 30, 2008

Hanson v. America West Airlines, Inc. (C.D. Cal. Mar. 29, 2008).  Sometimes the truth is stranger than fiction or even science fiction.  The passenger in this case, a roboticist, sued the airline for the loss of “an artistically and scientifically valuable robotic head modeled after famous science fiction author Philip K. Dick.”  According to the … More Court denies passenger recovery against airline for loss of itinerant robot head

Court holds that no implied ACAA private right of action exists

May 9, 2008

Wright v. American Airlines, Inc. (E.D. Mo. Mar. 3, 2008).  The plaintiff filed suit for herself and her minor son against American, alleging that her son was injured because he was denied accommodations for his disability, osteogenesis imperfecta, also known as “Brittle Bone Disease,” while traveling on American’s flights.  She alleged a cause of action … More Court holds that no implied ACAA private right of action exists

Airline obtains reversal of passenger jury verdict in refusal to transport case

February 11, 2008

Cerqueira v. American Airlines, Inc. (1st Cir. (Mass.) Jan. 10, 2008).  As previously reported, in December 2003, American Airlines removed three passengers, a man of Portuguese national origin and two Israelis seated nearby, from an aircraft at the departure gate in Boston for questioning by state police officers.  After the questioning, the airline declined to … More Airline obtains reversal of passenger jury verdict in refusal to transport case

Court partially grants airline motion to dismiss injured passenger’s complaint

January 29, 2008

Levy v. Continental Airlines, Inc. (E.D. Pa. Oct. 1, 2007).  During a flight from Houston to Philadelphia, the passenger was injured when a large ceramic bowl fell from a broken or improperly closed overhead compartment and struck her head.  The passenger filed a lawsuit against the airline, alleging that it had negligently violated duties of … More Court partially grants airline motion to dismiss injured passenger’s complaint

Court considers “single operation” issue in baggage case

August 30, 2007

Gerard v. American Airlines, Inc. (Conn. Super. July 12, 2007).  After the passenger filed a lawsuit against American for lost baggage damages, the airline moved for partial summary judgment on the grounds that its damages were limited by the Montreal Convention.  The passenger argued that his damages were not limited by the Convention because the … More Court considers “single operation” issue in baggage case

DOT considering whether to increase denied boarding compensation

August 21, 2007

Way back in 1978, the CAB increased to $400 the maximum amount of compensation due from an airline that involuntarily denies a passenger boarding due to overbooking.  At the time of the increase, Jimmy Carter was president and the most popular TV show in the U.S. was “Laverne & Shirley” (followed closely by “Happy Days” and … More DOT considering whether to increase denied boarding compensation