PIAMBA CORTES v. AMERICAN AIRLINES, INC.

No. 98-4739.

177 F.3d 1272 (1999)

Doris Cristina PIAMBA CORTES, Individually and as Personal Representative of the Estate of Maria Constanza Piamba Cortes, deceased, Plaintiff-Appellee-Cross-Appellant, v. AMERICAN AIRLINES, INC., a Delaware Corporation, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 15, 1999.


Attorney(s) appearing for the Case

Lyndall M. Lambert, Barwick, Dillian, Lambert & Ice, P.A., Miami, FL, Charles M. Shaffer, Jr., Griffin Bell, William Faulkner Lummus, Jr., R. Byron Attridge, Chilton Davis Varner, King & Spalding, Atlanta, GA, for Defendant-Appellant-Cross-Appellee.

Joel S. Perwin, Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, FL, Robert L. Parks, Haggard Parks & Stone, P.A., Coral Gables, FL, Bruce S. Rogow, Ft. Lauderdale, FL, Marc Moller, Kreindler & Kreindler, New York City, for Plaintiff-Appellee-Cross-Appellant.

Before BIRCH and DUBINA, Circuit Judges, and MORAN, Senior District Judge.


BIRCH, Circuit Judge:

In this appeal, we hold as a matter of first impression that Article 25 of the Warsaw Convention, as clarified by Montreal Protocol No. 4, requires a passenger to prove that an air carrier subjectively knew its conduct likely would result in harm to its passengers in order to escape the Convention's limitations on liability. On summary judgment, the district court held that Article 25 measures an air carrier's conduct objectively and concluded...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases