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OSPINA v. TRANS WORLD AIRLINES, INC.

Nos. 1134, 1155, Dockets 91-9245, 91-9247.

975 F.2d 35 (1992)

Alberto OSPINA, deceased, by his executors, Thomas C. Coughlin, Margoth Ospina and Tamara Ospina, Plaintiff-Appellee, v. TRANS WORLD AIRLINES, INC., Defendant-Appellant, Frigitronics Inc., Intervenor. Mohsen YOUSSEF, Plaintiff-Appellee, v. TRANS WORLD AIRLINES, INC., Defendant-Appellant, Frigitronics Inc., Intervenor.

United States Court of Appeals, Second Circuit.

Decided September 3, 1992.

Attorney(s) appearing for the Case

John N. Romans, New York City (Michael J. Crofton, Lawrence S. Rosen, Joan E. Lambert, Katten Muchin & Zavis, of counsel), for appellant TWA.

Fredric Lewis, New York City, for appellee Estate of Alberto Ospina.

Nicholas Gilman, Washington, D.C. (Gilman, Olson & Pangia, of counsel), for appellee Mohsen Youssef.

Before: MESKILL, Chief Judge, PRATT, Circuit Judge, and NICKERSON, District Judge.

MESKILL, Chief Judge:

This case involves the precautions that airlines must take in order to receive the shelter from liability that the Warsaw Convention provides to carriers in all cases except those involving willful misconduct, see 49 U.S.C.App. § 1502 note. Trans World Airlines, Inc. (TWA) argues that insufficient evidence existed to support the jury's finding of willful misconduct. We agree with TWA and reverse...

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