ADA PREEMPTS PASSENGER’S NEGLIGENCE CLAIMS ARISING FROM IMPACT WITH VIDEO MONITOR
April 12, 2017
A passenger is suing American Airlines after hitting her head on a video monitor on a flight from JFK to LAX. According to the complaint, the monitor “protruded from the wall in front of and above her seat” and “was painted to blend with the wall.” The plaintiff claims to have sustained severe head and heart injuries due to the impact with the monitor and alleges entitlement to over $11 million in compensatory damages and punitive damages exceeding $21 million. The passenger also sought injunctive relief that American Airlines remove certain seats close to the monitors and paint the walls and monitors different colors.
American removed the case to federal court and asked for judgment on the grounds that the claims were preempted by 49 U.S.C. § 41713(b). In support of its motion, the airline submitted an affidavit from the engineering manager of its 767-200 interiors group stating that the installation of the video monitor complied with federal regulations and industry practices.
The court analyzed American’s argument and applied a three factor test, ultimately finding that: the positioning of an in-flight monitor relates to an airline service; the plaintiff’s claims concerning the placement of the monitors directly affects that service; and the placement of monitors near passenger seating was essential to the provision of safety-instruction videos and in-flight entertainment. Based on these findings the court granted American’s motion. On February 28, 2017 the plaintiff filed a notice of appeal. See Faewmino v. American Airlines, Inc. (S.D.N.Y. Jan. 30, 2017).
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).
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