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MILLER v. NORTHWEST AIRLINES

253 N.J. Super. 618 (1992)

602 A.2d 785

DONALD MILLER, PLAINTIFF-APPELLANT, v. NORTHWEST AIRLINES, DEFENDANT-RESPONDENT, AND JJ SECURITY, C.S. HOGAN, AND JOHN DOE, A THROUGH Z BEING UNNAMED DEFENDANTS, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 13, 1992.

Attorney(s) appearing for the Case

Thomas E. Lenney argued the cause for appellant (Enright, Lenney & McGrath, attorneys; Thomas E. Lenney of counsel and on the brief).

John M. Willis argued the cause for respondent (Ridolfi, Friedman, Frank, Edelstein & Bernstein, attorneys; John M. Willis on the brief).

Before Judges J.H. COLEMAN, STERN and KEEFE.

The opinion of the court was delivered by COLEMAN, J.H., P.J.A.D.

The novel issue raised in this appeal is whether plaintiff's State law tort claims are preempted by the Federal Aviation Act, 49 U.S.C.A.App. § 1301 et seq. (Act). The trial judge dismissed the complaint prior to trial because of "the provisions of pre-emption under the Federal Aviation Act" and because of the "lack of jurisdiction." The dismissal was without prejudice. We reverse...

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