FISHMAN BY FISHMAN v. DELTA AIR LINES, INC.

Nos. 1818, 2038, Dockets 96-9345, 96-9457.

132 F.3d 138 (1998)

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

United States Court of Appeals, Second Circuit.

Decided January 5, 1998.


Attorney(s) appearing for the Case

Elliot B. Pasik, Mineola, NY (Carole A. Burns & Associates, Mineola, NY, on the brief), for Plaintiffs-Appellants.

George P. McKeegan, New York City (Thomas A. McShane, Elizabeth B. Kane, McKeegan, McShane & Drago, P.C., New York City, on the brief), for Defendant-Appellee.

Before: MESKILL, JACOBS and LEVAL, Circuit Judges.


JACOBS, Circuit Judge:

Infant plaintiff Penina Fishman, while travelling as a passenger aboard an international flight, was scalded when a stewardess applied an over-hot compress to alleviate the child's earache. The child and her mother sued Delta Air Lines, Inc. ("Delta") under the Warsaw Convention, as well as for negligence and intentional torts in applying the compress, failing to advise the child's mother of the injury while the plane was aloft, and refusing...

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