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Scherer v. Pan American World Airways, Inc.

Appellate Division of the Supreme Court of New York, First Department
Oct 14, 1976
54 A.D.2d 636 (N.Y. App. Div. 1976)

Summary

sitting in airline seat during normal flight which aggravated thrombophlebitis not an "accident"

Summary of this case from Air France v. Saks

Opinion

October 14, 1976


Order, Supreme Court, New York County, entered July 24, 1975, granting defendants Trans World Airlines, Inc., and Pan American World Airways, Inc., summary judgment dismissing the first and second causes of action, unanimously affirmed, without costs or disbursements. This action was brought against TWA and Pan Am alleging that the plaintiff Christian Scherer suffered bodily injury (namely, thrombophlebitis), resulting from merely "sitting" aboard a Pan Am flight from Tokyo to California. Plaintiff traveled from California to New York City aboard a TWA plane, during which trip the injury was allegedly aggravated. The planes were concededly not involved in a collision, nor was there any turbulence during the flights. The plaintiff complained of no injury during the flights. The causes of action which were dismissed allege that the defendants are absolutely liable under the Warsaw Convention (49 US Stat 3014) and Montreal Agreement. The plaintiff, in order to come within the purview of article 17 of the Warsaw Convention, must prove that an accident took place on board an aircraft or while embarking or disembarking therefrom, and that this resulted in bodily injury (Rosman v Trans World Airlines, 34 N.Y.2d 385, 399). We agree with Special Term that, based on the pleadings and the plaintiff's examination before trial, the plaintiff could not meet the necessary criteria for a finding of absolute liability. There was no "accident" as a matter of law within the plain meaning of that word, and Special Term properly granted summary judgment to the defendants.

Concur — Kupferman, J.P., Lupiano, Capozzoli, Lane and Nunez, JJ.


Summaries of

Scherer v. Pan American World Airways, Inc.

Appellate Division of the Supreme Court of New York, First Department
Oct 14, 1976
54 A.D.2d 636 (N.Y. App. Div. 1976)

sitting in airline seat during normal flight which aggravated thrombophlebitis not an "accident"

Summary of this case from Air France v. Saks

In Scherer v. Pan American World Airways, Inc., 54 A.D.2d 636, 387 N.Y.S.2d 580 (N.Y.App.Div. 1976), the plaintiff brought an action under the Warsaw Convention, alleging that sitting in an airline seat on one flight had caused him thrombophlebitis and sitting in an airline seat on another flight had aggravated that condition. Having noted that "[t]he planes were concededly not involved in a collision, nor was there any turbulence during the flights," the court held that there was no accident that would bring the suit within the terms of Article 17.

Summary of this case from Krys v. Lufthansa German Airlines

sitting in airline seat during normal flight which aggravated thrombophlebitis not an "accident"

Summary of this case from Krys v. Lufthansa German Airlines
Case details for

Scherer v. Pan American World Airways, Inc.

Case Details

Full title:CHRISTIAN SCHERER et al., Appellants, v. PAN AMERICAN WORLD AIRWAYS, INC.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 14, 1976

Citations

54 A.D.2d 636 (N.Y. App. Div. 1976)

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