Category: Personal injury

Federal court approves “snap removal” by carrier forum defendant

November 9, 2020

Serafini v. Southwest Airlines Co. (N.D. Tex. Sept. 8, 2020).  The passenger/plaintiff commenced her personal injury lawsuit against Southwest in a Texas state court.  The next day, and before service had been effected, Southwest, a Texas citizen and the sole defendant, “snap removed” the case to federal court on the basis of diversity jurisdiction.  In … More Federal court approves “snap removal” by carrier forum defendant

Airline not liable to passenger for injury sustained while avoiding fast-moving flight attendant

January 19, 2020

Kopp v. Delta Airlines, Inc. (E.D. Ky. Dec. 26, 2019).  During a domestic flight, the passenger/plaintiff was standing in the aisle when a flight attendant came “rushing” toward her “at a high rate of speed,” according to the complaint.  The plaintiff alleged that, while trying to get out of the way, she caught her foot … More Airline not liable to passenger for injury sustained while avoiding fast-moving flight attendant

Court trims passengers’ claims in case alleging hard landing injuries

January 11, 2018

Callahan v. United Airlines, Inc. (W.D. Okla. Sept. 28, 2017).  In their amended complaint, the passengers/plaintiffs alleged that the hard landing of their flight from Cancun, Mexico, to Houston caused permanent injuries to plaintiff Sylvia Callahan’s spine.  The other plaintiff, Ms. Callahan’s husband, did not allege any physical injuries from the landing.  The plaintiffs advanced … More Court trims passengers’ claims in case alleging hard landing injuries

ADA preempts passenger’s negligence claims arising from impact with video monitor

March 5, 2017

Fawemimo v. American Airlines, Inc. (S.D.N.Y. Jan. 30, 2017).  While approaching her seat on a flight from JFK to LAX, the passenger/plaintiff hit her head on a video monitor mounted on a bulkhead wall of the 767 aircraft.  The plaintiff alleged in her pro se state court complaint against American that the monitor was “reckless … More ADA preempts passenger’s negligence claims arising from impact with video monitor

Passenger’s fear of contagious disease not compensable under Montreal Convention

November 30, 2015

Jane Doe v. Etihad Airways, P.J.S.C. (E.D. Mich. Oct. 13, 2015).  During a flight from Abu Dhabi to Chicago, the passenger/plaintiff was pricked by a discarded syringe when she reached into in a seatback pocket.  The plaintiff sought treatment from her physician, who prescribed antiviral drugs and HIV and hepatitis tests.  The tests, which were … More Passenger’s fear of contagious disease not compensable under Montreal Convention

Montreal Convention applies, and time-bars, passenger’s claims despite injury’s occurrence during domestic flight

October 11, 2015

Cattaneo v. American Airlines, Inc. (N.D. Cal. Sept. 24, 2015).  The passenger/plaintiff traveled roundtrip on American’s flights between LAX and Cozumel, Mexico, via DFW, in June 2011.  In her complaint filed in November 2014, the plaintiff alleged that, during the DFW-LAX flight, a flight attendant gave her “an unlidded cup of hot water,” which spilled … More Montreal Convention applies, and time-bars, passenger’s claims despite injury’s occurrence during domestic flight

Court rejects passenger’s “principal and permanent residence” argument in subject matter jurisdiction dispute

February 13, 2014

Razi v. Qatar Airways Q.C.S.C. (S.D. Tex. Feb. 6, 2014).  A passenger traveling on a roundtrip ticket for transportation originating in Pakistan alleged she was burned by a hot beverage served by a flight attendant during a flight from Doha, Qatar, to Houston.  The passenger filed a lawsuit in a Texas state court, which the airline … More Court rejects passenger’s “principal and permanent residence” argument in subject matter jurisdiction dispute

Ejected passenger’s claims fall, and fail, under Montreal Convention

December 12, 2011

Rogers v. Continental Airlines (D. N.J. Sept. 21, 2011).  The passenger and her daughter boarded the aircraft for a flight from Newark, New Jersey, to Cancun, Mexico, and stood in the forward galley while flight attendants tried to sort out their seat assignments.  While waiting, the passenger answered a call on her mobile phone.  When … More Ejected passenger’s claims fall, and fail, under Montreal Convention

Court denies airline’s summary judgment motion in trip and fall case

September 25, 2011

Walsh v. Koninklijke Luchtvaart Maatschappij N.V. (S.D.N.Y. Sept. 12, 2011).  The plaintiff tripped over a metal bar and fell in a departure gate seating area while walking to join a line of persons waiting to board a flight from Amsterdam to New York.  The plaintiff alleged in his complaint that he sustained a fractured elbow … More Court denies airline’s summary judgment motion in trip and fall case

Airline not liable for passenger’s deplaning injury caused by fellow passenger

September 21, 2011

Goodwin v. British Airways Plc (D. Mass. Aug. 8, 2011).  The plaintiff had traveled on a British Airways flight from London to Paris.  She alleged in her complaint that, while deplaning, she lost her balance, one of her feet slid into the opening between the aircraft and the jetway and she fell and fractured her … More Airline not liable for passenger’s deplaning injury caused by fellow passenger