PHILADELPHIA — American Airlines has filed a motion to dismiss or transfer a personal injury suit brought by a woman who claims that she suffered injuries while attempting to get off a cart at an airport in North Carolina.
The motion was filed in the U.S. District Court for the Eastern District of Pennsylvania on Feb. 5. It was filed in response to a lawsuit brought by Tina and Dennis Bomberger.
The case revolves around Tina Bomberger. According to the complaint, she claims that the cart operator suddenly started to drive the cart away before she was able to completely get off. As a result, she allegedly fell to the ground.
Tina Bomberger claims that she “sustained severe injuries to the bones, muscles, tendons, ligaments, nerves and tissues of her head, neck, back, body and limbs, including... a right hip fracture requiring surgery with cannulated screws... post-concussion syndrome and post-traumatic anxiety reaction," according to the complaint.
The plaintiffs have demanded jury trial and more than $15 million in damages.
The plaintiffs claim that “the defendant, through its agents, servants, workmen and/or employees, did not exercise due care in the operation of its carts and the safety of the plaintiff before she disembarked from the cart,” according to the complaint.
The defendant, however, has filed a motion to dismiss the case for "lack of personal jurisdiction, improper venue or inconvenient forum.” The airline's attorneys point to the fact that the accident occurred in North Carolina, not Pennsylvania.
“All American Airlines employees with knowledge of this incident are located in North Carolina, as are all third party witnesses," the motion reads. "This matter should be transferred to North Carolina or to a judicial district where jurisdiction and venue are proper.”