Category: Passenger claims – international flights

Court analyzes “accident” location in ruling on passenger remand motion

September 10, 2007

Bunis v. Israir GSA, Inc. and Israir Airlines & Tourism, Ltd. (E.D.N.Y. July 30, 2007).  The passenger arrived at JFK on an international flight and deplaned.  At the arrival gate, the passenger asked an airline employee for a wheelchair.  After waiting 20 minutes, the passenger started walking toward the baggage claim area.  In the international … More Court analyzes “accident” location in ruling on passenger remand motion

Injured passenger prevails on issue of whether “accident” occurred

September 6, 2007

Wipranik v. Air Canada (C.D. Cal. May 15, 2007).  During a flight from Canada to Israel in 2004, the passenger asked a flight attendant for a cup of hot tea.  After the passenger had placed the cup on her tray table, the seat in front of her moved, causing the cup to slide off the … More Injured passenger prevails on issue of whether “accident” occurred

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

Court grants summary judgment against “undeserving litigant” in personal injury lawsuit

July 31, 2007

Agravante v. Japan Airlines International Co., Ltd. (D. Guam July 9, 2007).  The passenger claimed in his lawsuit against JAL that he suffered back injuries as a result of a “standing takeoff” in 2002.  In a standing takeoff, the flight crew taxis the aircraft to the runway, sets the brakes, sets the engines to a … More Court grants summary judgment against “undeserving litigant” in personal injury lawsuit

Injured passenger embraces Warsaw Convention then tries, without success, to avoid it

July 21, 2007

Sanchez-Morrabal v. Omni Air Services, Co. (D. Puerto Rico July 6, 2007).  Way back in 2001, the passenger fell off a ramp and injured his leg while boarding an aircraft in Honduras for a flight to Puerto Rico.  In his 2006 lawsuit against the airline, one of the passenger’s causes of action was for relief under … More Injured passenger embraces Warsaw Convention then tries, without success, to avoid it

Passengers’ state law seating and routing claims held preempted

June 8, 2007

Onwuteaka v. Northwest Airlines, Inc. and KLM Royal Dutch Airlines (S.D. Tex. May 10, 2007).  The passengers, a family of four, had two grievances concerning their international flight.  First, their request for “adjoining seats” was not honored.  Second, “[f]ive hours into their flight from Amsterdam to Nigeria, the plane was abruptly piloted back to Amsterdam … More Passengers’ state law seating and routing claims held preempted

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

Airline’s summary judgment motion under the Warsaw Convention denied because passenger had not been “embarking”

April 28, 2007

Dick v. American Airlines, Inc. (D. Mass. Mar. 12, 2007).  The international travel itinerary of the plaintiff and her elderly mother, who required wheelchair assistance, included a connecting flight at Miami International Airport.  American provided (through a contractor) a wheelchair escort to assist the plaintiff’s mother in getting from the arrival gate to the departure … More Airline’s summary judgment motion under the Warsaw Convention denied because passenger had not been “embarking”

Airline obtains summary judgment in offended passenger case

April 15, 2007

Maduro v. American Airlines, Inc. (Virgin Islands Super. Feb. 26, 2007).  During a layover in Puerto Rico, the passenger approached American’s ticket counter to verify her connecting flight to the Virgin Islands.  The ticket agent supposedly refused to return the passenger’s ticket and told her “to shut up and take a seat” and that she … More Airline obtains summary judgment in offended passenger case