SOGNIER, Chief Judge.
Cheryl Van Diviere and her husband brought an action against Delta Airlines, Inc. seeking damages for injuries alleged to have resulted from the actions of Delta employees while boarding and seating Van Diviere on a Delta flight from Hartford, Connecticut to Atlanta. The original action, filed in superior court, resulted in a mistrial after a jury deadlocked. The Van Divieres then voluntarily dismissed the action and refiled this action in state...
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