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KALISH v. TRANS WORLD AIRLINES

No. 76-753.

50 Ohio St. 2d 73 (1977)

KALISH, APPELLANT, v. TRANS WORLD AIRLINES, INC., APPELLEE.

Supreme Court of Ohio.

Decided May 11, 1977.

Attorney(s) appearing for the Case

Messrs. Sebastian, Marsh & Redmond and Mr. Rick E. Marsh, for appellant.

Messrs. Gallagher, Sharp, Fulton, Norman & Mollison, Mr. Burt Fulton, Messrs. Crabbe, Brown, Jones, Potts & Schmidt and Mr. Charles E. Brown, for appellee.

LOCHER, J.

I.

Central to the facts of this case is what is known, in airline industry parlance, as overbooking. At the root of this practice are two adverse designs: airline profit and passenger convenience. First, the most economical method to operate an airline is to assure the maximum number of passengers on a flight. Second, consumer flexibility in reservations produces last-minute cancellations...

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