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

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

Passenger not required to prove violation of regulation in order to establish that “accident” under Montreal Convention occurred

November 13, 2011

Phifer v. Icelandair (9th Cir. (Cal.) Sept. 1, 2011).  While boarding a flight from Minneapolis-St. Paul to Reykjavik, Iceland, the passenger struck her head on an overhead video monitor that was extended in the “down” position.  She sued Icelandair, alleging liability under the Montreal Convention. Under Article 17(1) of the Convention, “[t]he carrier is liable … More Passenger not required to prove violation of regulation in order to establish that “accident” under Montreal Convention occurred

ARC case ends up where it started after excursion through federal court

November 4, 2011

Airlines Reporting Corporation v. Sudbury Travel, Ltd. (E.D.V.A. Sept. 28, 2011).  In 2009, ARC initiated an arbitration before the Travel Agent Arbiter seeking amounts owed by accredited agent Sudbury Travel, Ltd.  Less than three weeks later, ARC withdrew its arbitration complaint.  In his dismissal notice, the Arbiter noted that the applicable rule allowed such withdrawal … More ARC case ends up where it started after excursion through federal court

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

Airline not liable for refusing to transport customer who lacked required travel documents

March 28, 2011

Reed v. Delta Airlines, Inc. (S.D.N.Y. Mar. 23, 2011).  The plaintiff and her dog, Blondie, arrived at John F. Kennedy International Airport to check in for their flight to Ghana.  Delta personnel informed the plaintiff that she lacked certain documents that Ghana required for Blondie to enter the country.  The plaintiff put Blondie in a cab to … More Airline not liable for refusing to transport customer who lacked required travel documents

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

Holders of airline gift cards who did not use them, lost them

February 13, 2011

Restivo v. Continental Airlines, Inc. (Ohio App. Jan. 20, 2011).  Continental sold gift cards for air transportation that were valid for one year after issuance.  Purchasers agreed in writing to the one-year validity period.  When the airline refused to honor expired cards, cardholders commenced a class action lawsuit, alleging that Continental had violated Ohio’s gift … More Holders of airline gift cards who did not use them, lost them

Montreal Convention two-year limitation period not subject to tolling under local law

January 19, 2011

Duay v. Continental Airlines, Inc. (S.D. Tex. Dec. 21, 2010).  After arriving in Texas on a Continental flight from Switzerland, the plaintiff discovered at the baggage claim area that his custom-fitted wheelchair had been damaged.  Continental provided the plaintiff with a replacement wheelchair, which he used for the remainder of his trip in the United … More Montreal Convention two-year limitation period not subject to tolling under local law