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Second Circuit broadens definition of 'accident' in airline injury cases.

Publication: Trial
Publication Date: 01-NOV-03
Format: Online
Delivery: Immediate Online Access

Article Excerpt
Reviving an airline passenger's lawsuit over injuries he sustained during a bumpy flight across Europe, the Second Circuit has ruled that mild to moderate turbulence that causes injuries to passengers may qualify as an "accident" under the Warsaw Convention, which provides the sole remedy for personal injuries resulting from accidents on international flights. (Magan v. Lufthansa, 339 F.3d 158 (2d. Cir. 2003).)

The court reversed the district court's decision granting summary judgment to Lufthansa German Airlines. The company had argued that "light" and "moderate" turbulence, as defined by the Federal...

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