Category: Personal injury

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 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

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

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

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

Airline summary judgment motion denied in personal injury case

February 3, 2007

Kirkham v. Societe Air France (D.D.C. Jan. 10, 2007).  While being guided through Orly Airport to her Air France flight by a person she believed to be an Air France employee, the plaintiff was struck by a luggage cart and suffered permanent ankle injuries.  She brought a negligence action against the airline. The airline moved for … More Airline summary judgment motion denied in personal injury case