ADAMSONS v. AM. AIRLINE


58 N.Y.2d 42 (1982)

Hannelore Adamsons, Respondent, v. American Airlines, Inc., Appellant.

Court of Appeals of the State of New York.

Decided December 15, 1982.


Attorney(s) appearing for the Case

John M. Downing and Andrew J. Simons for appellant.

Robert M. Ginsberg for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES and MEYER concur with Judge JASEN; Judge WACHTLER concurs in result for reasons stated in the dissenting memorandum of Justice SAMUEL J. SILVERMAN at the Appellate Division (-786); Judge FUCHSBERG taking no part.


JASEN, J.

We are asked on this appeal to determine whether or not the defendant airline properly exercised its authority under the Federal Aviation Act in refusing to transport plaintiff, an invalid paralyzed from the waist down as a result of an undiagnosed illness, on the flight in question.

In January, 1972, plaintiff was stricken with an undiagnosed illness while residing in Haiti. Her affliction first...

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