Ojide et al. v. Air France et al
| Angela I. Ojide and Joshua E. Ojide, PPA Angela I. Ojide |
| Air France and Delta Airlines, Inc. |
| 7:2017cv03224 |
| May 2, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Nelson Stephen Roman |
| Airplane |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
27
OPINION & ORDER re: 20 MOTION to Dismiss, filed by Delta Airlines, Inc., Air France. Because neither dehydration nor food deprivation are bodily injuries, the emotional distress alleged did not arise from a qualifying injury. Furtherm ore, even if plaintiffs plausibly claimed an injury, nowhere do they allege that it was caused "on board the aircraft or in the course of any of the operations of embarking or disembarking," as required to establish liability under the C onvention. Montreal Convention, art. 17, § 1. As such, this claim is DISMISSED. For the reasons stated above, the Court hereby GRANTS defendants' partial motion to dismiss at ECF No. 20. Plaintiffs' second claim is DISMISSED. The pa rties are to inform the Court within fourteen days of the issuance of this Opinion of the status of defendant Air France's offer of judgment on Claim 1, and as further set forth herein. (Signed by Judge Katherine B. Forrest on 10/2/2017) (ras)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
