Category: Passenger claims – domestic flights

DOT increases baggage liability limit for domestic air travel

February 14, 2007

On January 29, 2007, the U.S. Department of Transportation issued a Final Rule increasing the minimum limit of an airline’s liability for baggage lost, damaged or delayed during domestic travel from $2,800 to $3,000 per passenger.  The change takes effect on February 28.  Thus, for domestic travel beginning that date, “an air carrier shall not limit its liability for … More DOT increases baggage liability limit for domestic air travel

Airline summary judgment motion denied in jetway incident case

February 12, 2007

Gunther v. AirTran Holdings, Inc. (S.D.N.Y. Jan. 24, 2007).  The passenger sustained injuries when she fell out of the motorized wheelchair she was operating on a jetway used for boarding a flight at LGA.  She brought a negligence action against the airline, which moved for summary judgment. The airline’s first argument was that it did not … More Airline summary judgment motion denied in jetway incident case

Jury returns verdict for passenger in refusal to transport case

January 21, 2007

Cerqueira v. American Airlines, Inc. (D. Mass. Jan. 12, 2007).  In December 2003, the airline 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 rebook them on another flight to Ft. Lauderdale. The passenger of Portuguese national origin filed a … More Jury returns verdict for passenger in refusal to transport case

Airline summary judgment motion granted in boarding discrimination case

January 7, 2007

Dasrath v. Continental Airlines, Inc. (D. N.J. Dec. 22, 2006).  Three months after September 11, an airline captain had three passengers removed from the aircraft during boarding due to his security concerns.  One of the passengers, a U.S. citizen of West Indian national origin, filed a lawsuit against the airline alleging discrimination in violation of federal and state statutes. The … More Airline summary judgment motion granted in boarding discrimination case

Airline summary judgment motion denied in another trip and fall case

January 3, 2007

Doris v. Allegheny County Airport Authority and U.S. Airways, Inc. (W.D. Pa. Dec. 8, 2006).  Rather than waiting for the wheelchair he had requested that the airline provide, the elderly passenger decided to walk up the jetway on his own.  He “retrieved his wife’s walker from the jetway and placed both his and his wife’s carry-on luggage on … More Airline summary judgment motion denied in another trip and fall case

Airline summary judgment motion denied in trip and fall case

January 1, 2007

Burgos v. American Airlines, Inc. (S.D.N.Y. Dec. 7, 2006).  The passenger allegedly tripped on a plastic cover on the aircraft cabin’s floor while boarding a flight from Puerto Rico to New York.  In the passenger’s lawsuit, the airline moved for summary judgment, arguing that there was no evidence that it created, or had actual or constructive notice of, the allegedly defective … More Airline summary judgment motion denied in trip and fall case

Passenger emotional distress claim fails because physical impact absent

December 29, 2006

Atlantic Coast Airlines v. Cook (Ind. Dec. 6, 2006).  A passenger disrupted a commuter flight from Indianapolis to New York by smoking, shouting, sitting in different empty seats and walking toward the cockpit.  Other passengers blocked the aisle to keep the unruly passenger away from the cockpit.  There was no physical contact between the unruly passenger and the other passengers. Two of the passengers filed suit, alleging negligent infliction of emotional distress and other … More Passenger emotional distress claim fails because physical impact absent

Airline not liable for passenger trip and fall

December 24, 2006

Keyes v. American Airlines, Inc. (E.D.N.Y. Nov. 30, 2006).  After the New York to San Diego flight had landed, the passenger tripped and fell while “sidestepping” from her seat toward the aisle.  She sued the airline for negligence, seeking $5 million in damages. The airline moved for summary judgment, which the court granted.  Under New York law, the passenger was required to offer … More Airline not liable for passenger trip and fall