Ojide et al. v. Air France et al
Plaintiff: Angela I. Ojide and Joshua E. Ojide, PPA Angela I. Ojide
Defendant: Air France and Delta Airlines, Inc.
Case Number: 7:2017cv03224
Filed: May 2, 2017
Court: US District Court for the Southern District of New York
Office: White Plains Office
Presiding Judge: Nelson Stephen Roman
Nature of Suit: Airplane
Cause of Action: 28:1331
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
October 2, 2017 Opinion or Order 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)
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Plaintiff: Angela I. Ojide
Represented By: Nitor V. Egbarin
Represented By: Gregory Chukwuemeka Osakwe
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Plaintiff: Joshua E. Ojide, PPA Angela I. Ojide
Represented By: Nitor V. Egbarin
Represented By: Gregory Chukwuemeka Osakwe
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Defendant: Air France
Represented By: Laura B Dowgin
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Defendant: Delta Airlines, Inc.
Represented By: Laura B Dowgin
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