Category: Passenger claims – international flights

Passenger’s backpack beaning lawsuit survives airline’s motion to dismiss

April 3, 2007

Kruger v. United Airlines, Inc. (N.D. Cal. Mar. 1, 2007).  While waiting on a jetway to board a flight departing from San Francisco, 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 due to … More Passenger’s backpack beaning lawsuit survives airline’s motion to dismiss

Court rejects plaintiff’s “place of destination” argument in subject matter jurisdiction dispute

March 3, 2007

Baah v. Virgin Atlantic Airways Limited (S.D.N.Y. Feb. 7, 2007).  An infant traveling on a roundtrip ticket from Heathrow to JFK was burned by a hot beverage during the outbound flight.  The infant’s father brought a personal injury action against the airline on his son’s behalf in a New York court, alleging liability under the … More Court rejects plaintiff’s “place of destination” argument in subject matter jurisdiction dispute

Montreal Convention eats passenger’s breakfast claim

February 5, 2007

Knowlton v. American Airlines, Inc. (D. Md. Jan. 31, 2007).  The passenger’s ticket for international travel included the notation “breakfast” for one of the flights.  However, during that flight the passenger was told by a flight attendant that the airline had changed its policy and that she had to pay $3.00 if she wished to have breakfast. The … More Montreal Convention eats passenger’s breakfast claim

Lost baggage damages limited by Montreal Convention

January 30, 2007

Nunez v. American Airlines (N.Y. App. Jan. 26, 2007).  In a brief opinion, the appeals court upheld the trial court’s decision applying Article 22(2) of the Montreal Convention to limit the two passengers’ damages for loss of their baggage.  The trial court had entered a judgment against the airline for $2,990 (apparently $1,495 per passenger), from which the passengers had appealed.  The appeals … More Lost baggage damages limited by Montreal Convention

Airline not liable for failure to warn in DVT case

January 26, 2007

James v. Delta Air Lines, Inc. (9th Cir. (Cal.) Jan. 22, 2007).  The Ninth Circuit held that the airline’s failure to warn the passenger of the risk of developing deep vein thrombosis was not an “accident” under Article 17 of the Warsaw Convention.  As a result, the court affirmed the district court’s summary judgment for … More Airline not liable for failure to warn in DVT case

Tardy passengers’ state common law “bumping” claims held preempted

January 14, 2007

Igwe v. Northwest Airlines, Inc. and KLM Royal Dutch Airlines (S.D. Tex. Jan. 4, 2007).  Because the passengers failed to check in at the gate counter in a timely manner, KLM gave their seats to other passengers.  The passengers were “irate” and refused the airline’s offer of transportation on a later flight on a different airline … More Tardy passengers’ state common law “bumping” claims held preempted

Airline not liable for passenger self-spillage

December 24, 2006

Medina v. American Airlines, Inc. (S.D. Fla. Nov. 14, 2006).  After a flight attendant placed the passenger’s cup of coffee on his tray table, the passenger picked up the cup with one hand, felt it was hot, tried to steady it with his other hand and then spilled its contents onto his lap, causing “serious burns to his abdomen and … More Airline not liable for passenger self-spillage

Passenger case remanded because “international transportation” not involved

November 28, 2006

Christoph v. American Airlines (E.D.N.Y. Nov. 17, 2006).  The passengers bought roundtrip tickets on American for travel between New York (LGA) and Ft. Lauderdale using the airline’s web site, and separately, they bought roundtrip tickets on another airline for travel between Miami and Brazil using a travel agent.  After their vacation in Brazil, the passengers returned to Miami and then took an American flight from Ft. Lauderdale to … More Passenger case remanded because “international transportation” not involved

Airlines not liable for passengers’ DVT

October 21, 2006

Cortez v. Air New Zealand Ltd. (9th Cir. (Cal.) Oct. 2, 2006) & Damon v. Air Pacific Ltd. (9th Cir. (Cal.) Oct. 2, 2006).  In virtually identical opinions, the Ninth Circuit held that neither the passengers’ development of deep vein thrombosis (“DVT”) nor the airlines’ failure to warn the passengers of the risk of DVT constitutes an “accident” as that term … More Airlines not liable for passengers’ DVT

Airline not liable for downgrading passenger tickets

October 12, 2006

Sobol v. Continental Airlines (S.D.N.Y. Sept. 26, 2006).  Due to overbookings, the airline downgraded some of the first class tickets held by family members to coach class, causing the family to be separated during the international flights at issue. The family members alleged in their lawsuit that the separation caused them emotional trauma and stress, but no physical injury.  … More Airline not liable for downgrading passenger tickets