Category: Proximate cause

Conditions of carriage withstand tort claims by delayed passengers

February 1, 2012

Lavine v. American Airlines, Inc. (Md. Special App. Dec. 1, 2011).  Using aa.com, the plaintiffs bought two American Airlines tickets for roundtrip transportation originating and terminating at Reagan National Airport, with an intermediate stop at Key West International Airport.  Their outbound itinerary included a connecting flight from Miami International Airport to Key West.  They received an … More Conditions of carriage withstand tort claims by delayed passengers

Race discrimination claim preempted by Warsaw Convention

March 8, 2011

Sewer v. LIAT (1974) Ltd. (D. Virgin Islands Feb. 16, 2011).  The plaintiff had purchased a ticket for a LIAT flight from the British Virgin Islands to Antigua.  The flight was overbooked, so airline personnel informed the plaintiff that he would have to take a later flight.  Undeterred, the plaintiff (and the other waiting would-be … More Race discrimination claim preempted by Warsaw Convention

Airline obtains summary judgment in case involving passenger assault and false arrest claims

November 30, 2010

Ginsberg v. American Airlines (S.D.N.Y. Sept. 27, 2010).  The plaintiff was a passenger on an American flight from New York (JFK) to Turks and Caicos.  After visiting the restroom during the flight, the plaintiff moved a food cart out of his way so he could return to his seat.  However, a flight attendant had instructed … More Airline obtains summary judgment in case involving passenger assault and false arrest claims

Court declines to dismiss complaint in passenger heart attack case

April 15, 2008

Watts v. American Airlines, Inc. (S.D. Ind. Oct. 10, 2007).  During a flight from Japan to Chicago in 2005, the passenger had a heart attack and died in a lavatory.  He was discovered by cleaning personnel after the aircraft had landed. The plaintiff, the passenger’s wife, filed a lawsuit against American.  The airline moved to … More Court declines to dismiss complaint in passenger heart attack case

Passenger’s seating decision dooms her personal injury lawsuit

September 23, 2007

Zarlin v. Air France (S.D.N.Y. Sept. 6, 2007).  A flight attendant reseated the passenger during an international flight after she complained that the passenger in front of her had deliberately reclined his seat so that it touched her.  Without informing a flight attendant, the passenger returned to her original seat because the alternative seat was … More Passenger’s seating decision dooms her personal injury lawsuit

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

Court rules that airline must eat asparagus loss

May 14, 2007

Wea Farms v. American Airlines, Inc. (S.D. Fla. Apr. 18, 2007).  A Peruvian farmer delivered asparagus to American in Lima for shipment to Miami International Airport.  American did not notify the consignee of the asparagus’ arrival in Miami until more than 18 hours had elapsed.  During that time, the asparagus was exposed to the summer … More Court rules that airline must eat asparagus loss

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