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FISHMAN BY FISHMAN v. DELTA AIR LINES, INC.

No. 96 Civ. 1296 (MGC).

938 F.Supp. 228 (1996)

Penina FISHMAN, an infant by her mother, and natural guardian, Michelle FISHMAN, and Michelle Fishman, individually, Plaintiffs, v. DELTA AIR LINES, INC., Defendant.

United States District Court, S.D. New York.

September 12, 1996.

Attorney(s) appearing for the Case

Carole A. Burns & Associates by Elliot B. Pasik, Mineola, New York, for Plaintiffs.

McKeegan and McShane, P.C. by George P. McKeegan, New York City, for Defendant.

MEMORANDUM OPINION AND ORDER

CEDARBAUM, District Judge.

This action arises out of an incident aboard a Delta Airlines, Inc. flight from Tel Aviv to New York City in which a flight attendant spilled scalding water on Penina Fishman, a minor. Two issues are presented on this motion: (1) whether the injuries alleged were caused by an "accident" within the meaning of the Warsaw Convention, thus preempting claims asserted under state law; and (2) whether...

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