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
Doris v. Allegheny County Airport Authority and U.S. Airways, Inc. (W.D. Pa. Dec. 8, 2006). Rather than waiting for the wheelchair he had requested that the airline provide, the elderly passenger decided to walk up the jetway on his own. He “retrieved his wife’s walker from the jetway and placed both his and his wife’s carry-on luggage on … More Airline summary judgment motion denied in another trip and fall case
Burgos v. American Airlines, Inc. (S.D.N.Y. Dec. 7, 2006). The passenger allegedly tripped on a plastic cover on the aircraft cabin’s floor while boarding a flight from Puerto Rico to New York. In the passenger’s lawsuit, the airline moved for summary judgment, arguing that there was no evidence that it created, or had actual or constructive notice of, the allegedly defective … More Airline summary judgment motion denied in trip and fall case
Keyes v. American Airlines, Inc. (E.D.N.Y. Nov. 30, 2006). After the New York to San Diego flight had landed, the passenger tripped and fell while “sidestepping” from her seat toward the aisle. She sued the airline for negligence, seeking $5 million in damages. The airline moved for summary judgment, which the court granted. Under New York law, the passenger was required to offer … More Airline not liable for passenger trip and fall
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
Yurchak v. Atkinson & Mullen Travel, Inc. (3d Cir. (Pa.) Oct. 30, 2006). Customers of a travel agent bought a vacation package to Mexico that included air transportation, lodging, meals and “non-motorized activities” at the hotel. During the vacation, one of the customers was injured while operating a rented jet ski in the ocean. The … More Third Circuit dunks jet skiers
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