PHILADELPHIA – A Delaware County woman alleges she was injured when getting off an American Airlines flight from Philadelphia to Paris, France, and has brought legal action against the airliner under the Montreal Convention treaty.
Juliana Gross of Newtown Square filed suit in the U.S. District Court for the Eastern District of Pennsylvania on July 21 versus American Airlines, Inc., of Dallas, Texas.
“Prior to Aug. 31, 2018, plaintiff was issued tickets by defendant for a round-trip flight from Philadelphia to Paris. On Aug. 31, 2018, while a passenger on American Airlines flight #754 from Philadelphia, Pennsylvania to Paris, France, plaintiff was injured when she was caused to fall upon disembarking from the airplane onto portable stairs provided by the defendant,” the suit says.
“As a result of the fall, plaintiff suffered severe and permanent injuries, incurred extensive medical and rehabilitation expenses, and experienced pain and suffering, among other injuries and expenses.”
The suit says the first cause of action for strict liability is brought pursuant to the Convention for International Carriage by Air (Montreal Convention), Article 17, which provides that “the defendant is strictly liable for damages sustained in the case of a passenger’s bodily injury resulting from an accident which took place in the course of disembarking from the defendant’s aircraft.”
The suit adds the second cause of action is brought under Article 21(2) of the Montreal Convention under which defendant is liable for damages in excess of 128,821 SDRs (Special Drawing Rights, a unit of account maintained by the International Monetary Fund), if the bodily injuries suffered by the plaintiff were due to the negligence or other wrongful act or omission of the carrier or its servants or agents.
“The injuries suffered by plaintiff were caused solely by the negligence or other wrongful act or omission of the defendant, its servants and/or agents in failing to promulgate a sufficient number of safety regulations, failing to have crew members assist passengers in disembarking the plane and in using an inappropriate rolling stairway leading from the exit door to the tarmac,” per the suit.
For counts of strict liability and negligence under the Montreal Convention, the plaintiff is seeking damages in excess of 128,821 Special Drawing Rights (or $179,114.24 U.S. Dollars), plus interest from Aug. 31, 2018, costs of suit and attorney’s fees and such other relief as the Court deems proper, and a trial by jury.
The plaintiff is represented by John McNeil Broaddus of Weitz & Luxenberg, in Cherry Hill, N.J.
The defendant has not yet secured legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 2:20-cv-03556
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com