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TSENG v. EL AL ISRAEL AIRLINES, LTD.

Nos. 331, 857, Dockets 96-7447, 96-7619.

122 F.3d 99 (1997)

Tsui Yuan TSENG, Plaintiff-Appellant-Cross-Appellee, v. EL AL ISRAEL AIRLINES, LTD., Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 13, 1997.

As Amended September 16, 1997.

Attorney(s) appearing for the Case

Robert H. Silk, New York City (Silk, Bunks & Suckle, P.C., New York City, of counsel), for Plaintiff-Appellant.

Diane Westwood Wilson, New York City (Debra A. Shields, Condon & Forsyth, New York City, of counsel), for Defendant-Appellee.

Before: NEWMAN, Chief Judge, CARDAMONE and ALTIMARI, Circuit Judges.

CARDAMONE, Circuit Judge:

We have two issues to resolve on this appeal. One relates to the meaning of the term "accident" under Article 17 of the Warsaw Convention. The second, and by far more elusive, is whether a plaintiff denied a remedy for alleged injuries under the Convention because it does not apply may then pursue a claim for the same injuries in state court. The Supreme Court has not answered this question, and our search for the correct answer is somewhat...

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