Decisions
Pellechia v. Empire Air, Supreme Court, Appellate Division, Second Dep’t. 2011
In affirming the decision noted below, the Second Department augmented the summary judgment decision of the trial court by adding the additional grounds of untimely identification of the plaintiff’s expert and federal preemption for aircraft disembarkation procedures.
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Whitney v. JetBlue, EDNY 2009
ALO recently obtained summary judgment on behalf of JetBlue Airways on the grounds that plaintiff’s claim that a flight attendant failed to timely intervene during an altercation with a fellow passenger were preempted by the Airline Deregulation Act. Magistrates Report and Recommendation.
> Download District Judge Amon's decision [PDF]
Pellechia v. Empire Air, Supreme Court, Suffolk County NY 2009
ALO successfully moved for summary judgment based upon plaintiff’s complaint that he fell off a defective air stair while deplaning a jetstream aircraft. The Court held that plaintiff had not established a defective condition or that the operator was on notice of any defective condition. The Court also declined to consider “expert” testimony from an engineer lacking experience with aircraft and their exits. [link to Pellechia MSJ Decision.pdf]
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Appraisal Award: Manton v. Atlantic Mutual
On behalf of plaintiff Manton, whose residence was destroyed or damaged by flooding, ALO sought US$1.039 Million to rebuild her Manhattan coop. Atlantic Mutual offered US$302,980.43. In a decision dated 23 December 2008, the appraiser, retired Judge Israel Rubin, awarded US$1.019 Million, representing Manton’s full damages less a 2% reduction for reduced fuel costs from the date of the appraisal proceedings.
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Superior Helicopter Decision
ALO represented Superior Helicopter in successfully defeating Kaman Aerospace’s motion for summary judgment based upon disclaimers and the “economic loss doctrine.”
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Compass Foods Dismissal
Owners and subrogated insurers of a Dassault, Falcon 900 business aircraft brought suit against Dassault and brake manufacturer Messier-Bugatti (sued under the name of its parent company SNECMA) for damages arising from a runway departure accident in Pinedale, Wyoming, 6 February 2001. SNECMA and Dassault moved to dismiss and, alternatively, to transfer the case to either New Jersey (owner’s domicile and place of sale) or Wyoming, the place of the accident. Plaintiffs’ primary reason for suit in Arkansas appears to have been Arkansas’ “minority approach” to the Economic Loss Doctrine. Arguably, Arkansas would allow the recovery for the purely commercial losses alleged by plaintiffs.
On 28 September 2005, the Eastern District of Arkansas granted SNECMA’s and Dassault’s motion to transfer this case to District Court of Wyoming. Thereafter, the Wyoming court granted the defendants’ motion to dismiss.
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National Transportation Safety Board Reconsideration
Summary of decision:
In February 6, 2001, about 2050 mountain standard time, a Dassault-Breguet Mystere Falcon 900 airplane, N59CF, departed from the left side of the runway during the landing roll at Pinedale Airport, Pinedale, Wyoming. The airplane sustained substantial damage.The Safety Board determined that the probable cause of the accident was the "loss of direction control due to a partial failure of the brake anti-skid system."
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Flight Attendent Spilled Hot Tea On Passenger - Defense Verdict
Plaintiff alleged that American Airlines, acting through its flight attendant, had negligently handed her a hot cup of tea onboard an international flight in such a way as to cause it to spill on her foot, causing second degree burns. American alleged that plaintiff had spilled the tea on herself some time after she had taken custody of it, as the flight attendant had moved onto serving other passengers before being notified of the spill. Jury awarded verdict in favor of defense.
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Roberts v American Airlines
Plaintiff alleged that he had checked in on time and, upon arriving at the gate area, was informed by other passengers that the flight had been delayed. Plaintiff also alleged that the computerized departure information set forth on the video screens stated that boarding would begin at 8:00 PM. Mr. Roberts left the gate and returned at 7:55 PM, only to be denied boarding at that time because the flight was already departing. The flight was in fact departing rather than boarding at 8:00 PM.
Although American Airlines put Mr. Roberts on the next flight, Mr. Roberts was inconvenienced, had to get a hotel room for the night, and was forced to miss some appointments in New York the following day.
Plaintiff asserted two causes of action premised under New York tort law—that he is entitled to compensation because he was at the gate before 8:00 PM, and that he was caused emotional distress by the actions of American Airlines.
The court found the complaint based upon American’s boarding practices, which are services preempted under the Airline Deregulation Act. Moreover, the court also dismissed the cause of action regarding infliction of emotional distress for failure to state a claim as the allegations did not establish that the alleged negligence unreasonably threatened the plaintiff's safety or placed him in a "zone of danger."
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