WITTY v. DELTA AIR LINES, INC.

No. 03-30654.

366 F.3d 380 (2004)

Milton B. WITTY, III, Plaintiff-Appellee, v. DELTA AIR LINES, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 13, 2004.


Attorney(s) appearing for the Case

Gerald Gregory Green (argued), Law Offices of G. Gregory Green, Monroe, LA, for Plaintiff-Appellee.

Michael David Ferachi, McGlinchey Stafford, Baton Rouge, LA, Jeffrey J. Ellis (argued), Quirk & Bakalor, New York City, for Defendant-Appellant.

Before REAVLEY, DAVIS and DeMOSS, Circuit Judges.


REAVLEY, Circuit Judge:

In this appeal we hold that this passenger's state tort claims against an airline are preempted, and we render judgment for the airline.

BACKGROUND

Milton Witty brought this diversity suit in Louisiana federal district court against Delta Air Lines, Inc. (Delta). He claims that he developed Deep Vein Thrombosis (DVT) while on a Delta flight from Monroe, Louisiana to Hartford, Connecticut.

DVT occurs when a blood clot...

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