ROSMAN v. TRANS WORLD AIRLINES


34 N.Y.2d 385 (1974)

Edith Rosman et al., Appellants, v. Trans World Airlines, Inc., Respondent. Miriam Herman, an Infant, by Alexander Herman, Her Father and Natural Guardian, et al., Appellants, v. Trans World Airlines, Inc., Respondent.

Court of Appeals of the State of New York.

Decided June 13, 1974.


Attorney(s) appearing for the Case

Lee S. Kreindler, Melvin I. Friedman and Milton G. Sincoff for appellants.

Paul G. Pennoyer, Jr., John N. Romans, Bruce W. Keihner, Frank A. Sherer, Jr. and Henry P. de Vries for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER concur with Judge RABIN; Judge STEVENS dissents in part and votes to modify in a separate opinion.


RABIN, J.

At issue is whether, by virtue of defendant's absolute liability for "death or wounding * * * or any other bodily injury" as set out in article 17 of the Warsaw Convention [49 U. S. Stat. 3014, 3018], plaintiffs may recover any damages for psychic trauma suffered on board a hijacked aircraft. The preliminary question, in the context of plaintiffs' motions for summary judgment, is whether any triable...

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