PHILADELPHIA – A Delaware County woman claims she was injured inside the bathroom of a British Airways flight from New York to London, and has brought legal action against the airliner under the Montreal Convention treaty.
Amina Diab of Upper Darby filed suit in the U.S. District Court for the Eastern District of Pennsylvania on July 31 versus British Airways, PLC, of Harmondsworth, Great Britain.
“On Aug. 5, 2018, Diab was a fare paying passenger lawfully aboard the flight pursuant to a contract of carriage entered into between Diab and British Airways in the United States subject to the terms of the Montreal Convention. During the flight, after take-off and climb out to cruise level flight, the subject aircraft was involved in an accident within the meaning and intent of Article 17(1) of the Montreal Convention when it encountered an unexpected or unusual event or occurrence external to Diab, which consisted of severe and extreme turbulence which caused Diab to suffer serious harm,” the suit says.
“More specifically, after seeing that the seat belt sign was turned off, Diab walked down the aisle and entered the lavatory when, without warning, she was violently thrown about the lavatory causing her to rotate forcefully about her right knee causing Diab to suffer immediate severe pain to her right knee.”
According to Diab, she pressed the emergency call button, the flight crew responded with ice and pain relief medication and a report was made. On Aug. 6, 2018, after Diab arrived at her final destination, she presented to the Hôpital privé Pays de Savoie in France, seeking emergency treatment for pain in her knee. But due to “the extensive swelling of her right knee and the need for more sensitive imaging”, no additional diagnosis or care could be rendered at that time.
On Aug. 9, 2018, Diab says she went to Hôpitaux du Pays du Mont-Blanc, again complaining of pain to her right knee. It was determined that Diab suffered a severe knee sprain with a probable ruptured ACL, however a definitive diagnosis was not able to be rendered at such time.
“Upon returning home, on Sept. 8, 2018, Diab presented to the Delaware County Memorial Hospital Emergency Department again complaining of right knee pain. Diab was evaluated and diagnosed with abnormal tenderness and swelling of the knee, and instructed to follow-up with an orthopedic surgeon immediately,” the suit says.
“As a result of this incident, imaging including an MRI and evaluation confirms that Diab suffered a lateral patellar dislocation with bone marrow contusions of the anterior lateral femoral condyle and medial and inferior patella, as well as sprain of the posterior medial patellofemoral ligament; and a sprain of the proximal medial collateral ligament and has had to undergo months of physical therapy and draining of her knee.”
The suit says the cause of strict liability is brought pursuant to the Convention for International Carriage by Air (Montreal Convention), Article 17, where the strict carrier liability was pursuant to Article 21(1).
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 strict carrier liability under the Montreal Convention, the plaintiff is seeking damages in excess of 128,821 Special Drawing Rights (or $175,000), plus interest, costs and attorney’s fees and such other relief as this Court deems just and proper, and a trial by jury.
The plaintiff is represented by Eric H. Weitz and Max S. Morgan of The Weitz Firm in Philadelphia, plus Vincent S. Dicioccio of the Law Office of Vincent S. Dicioccio in Bryn Mawr.
The defendant has not yet secured legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 2:20-cv-03744
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com