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.
||May 2, 2017
||US District Court for the Southern District of New York
||White Plains Office
||Nelson Stephen Roman
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|October 2, 2017
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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