ADA Preempts Father’s Claims Against Airline
March 26, 2020
The father of a 14-year old boy sued Southwest Airlines in an Ohio state court, alleging that the airline had a duty to require parental permission for his son to travel. The father also asserted claims based on negligence and intentional infliction of emotional distress, and further alleged intentional interference with a parent-child relationship. The case arose because the 14-year old boy, who lived in Ohio with his father, boarded a Southwest flight out of Ohio without telling his father, using a ticket purchased for him by his mother who was living in New Orleans.
Southwest sought to dismiss the father’s claims as being preempted under the Airline Deregulation Act, 49 U.S.C. § 41713(b)(1), on the grounds that the claims were related to its ticketing, check-in and boarding services. The court agreed with Southwest’s arguments, noting that the “ticketing and boarding offered by Defendant falls under the definition of ‘services’ for the purposes of ADA preemption.” The court also found that the father’s arguments were “predicated on the allegation that Defendant allowed Plaintiff’s son to board a flight with no parental supervision” and thus “arise from Defendant’s services.” The court did note that its decision did not leave the father without any recourse, as he could petition DOT to investigate his claims. Edwards v. Southwest Airlines Co. 2020 U.S. Dist. LEXIS 14155 (S.D. Ohio Jan. 28, 2020).
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
Share This Post
Authors
