Category: Passenger claims – international flights

Ninth Circuit again rejects passengers’ deep vein thrombosis arguments

August 4, 2008

Twardowski v. American Airlines, Inc. (9th Cir. (Cal.) July 30, 2008).  The passengers in these consolidated appeals alleged that they had suffered injuries from deep vein thrombosis (“DVT”) they had developed during flights for which they had bought tickets between 2001 and 2004.  They alleged that the airlines were liable for such injuries because the … More Ninth Circuit again rejects passengers’ deep vein thrombosis arguments

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

Court rules on summary judgment motions in charter flights class action

April 28, 2008

In re Nigeria Charter Flights Contract Litigation (E.D.N.Y. Oct. 25, 2007).  In 2002, World Airways, Inc. and Ritetime Aviation and Travel Services, Inc. entered into a charter aircraft services agreement under which World agreed to supply Ritetime with round-trip flights between points in the U.S. and Lagos, Nigeria.  The charter flights began but, by the … More Court rules on summary judgment motions in charter flights class action

Court declines to dismiss complaint in passenger heart attack case

April 15, 2008

Watts v. American Airlines, Inc. (S.D. Ind. Oct. 10, 2007).  During a flight from Japan to Chicago in 2005, the passenger had a heart attack and died in a lavatory.  He was discovered by cleaning personnel after the aircraft had landed. The plaintiff, the passenger’s wife, filed a lawsuit against American.  The airline moved to … More Court declines to dismiss complaint in passenger heart attack 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”

Airline held liable to passenger for travel agent negligence

February 18, 2008

Rottman v. El Al Israel Airlines (N.Y. City Civil Ct. Jan. 14, 2008).  The parties in this case reprised a battle that has been fought in many passenger cases over the years:  whether a travel agent was acting as an agent of an airline or as an independent contractor when the travel agent sold the … More Airline held liable to passenger for travel agent negligence

Warsaw Convention preempts passenger tort claim against airline

December 24, 2007

Small v. America West Airlines, Inc. (D.N.J. Oct. 30, 2007).  The passenger alleged that the airline was liable under the New Jersey Consumer Fraud Act because it had tortiously denied losing his baggage, thereby preventing him from filing a claim against his insurance company.  The airline argued that the passenger’s state law claim was preempted … More Warsaw Convention preempts passenger tort claim against airline

Fifth Circuit vacates summary judgment against passenger in baggage case

September 30, 2007

Muoneke v. Air France (5th Cir. Tex. Sept. 17, 2007).  The day after her flight from Texas arrived in Nigeria, the passenger went to the airline’s lost baggage office at the airport and claimed that several items were missing from her checked baggage.  The passenger alleged that she submitted a written claim regarding the missing … More Fifth Circuit vacates summary judgment against passenger in baggage case

Montreal Convention two-year limit enforced in baggage case

September 27, 2007

Onyekuru v. Northwest Airlines and KLM Royal Dutch Airlines (N.D. Ill. Sept. 14, 2007).  In August 2006, the passenger filed a lawsuit against the airlines seeking damages for the alleged theft of items from the baggage she had checked for her June 2004 flight from Nigeria to Chicago.  The airlines moved for summary judgment on … More Montreal Convention two-year limit enforced in baggage case

Passenger’s seating decision dooms her personal injury lawsuit

September 23, 2007

Zarlin v. Air France (S.D.N.Y. Sept. 6, 2007).  A flight attendant reseated the passenger during an international flight after she complained that the passenger in front of her had deliberately reclined his seat so that it touched her.  Without informing a flight attendant, the passenger returned to her original seat because the alternative seat was … More Passenger’s seating decision dooms her personal injury lawsuit