U.S. FEDERAL JUDGE RULES IN FAVOR OF MESA, AMERICAN IN NEGLIGENCE CASE
July 28, 2023
On June 2, 2023, a U.S. federal judge ruled in favor of Mesa Airlines, Inc. (“Mesa”) and American’s motion for summary judgement in a negligence case brought by former passengers in response to an in-flight aircraft emergency. The claim came in response to a June 7, 2020, flight that Mesa operated on behalf of American during which the aircraft’s anti-ice and leak controller malfunctioned, causing the bleed valves to close automatically, resulting in a loss of cabin pressure that necessitated an emergency descent. The plaintiffs alleged that Mesa was negligent by failing to communicate to passengers about the status of the emergency and that American was negligent by not providing medical personnel at the airport after having learned of the emergency. The airlines responded by arguing that they acted properly during the emergency and did not breach the standard of care dictated by U.S. federal aviation regulations since Mesa had followed the processes provided in its Emergency Procedures Checklist and Quick Reference Handbook, and since American, which did not operate the flight, was not required or recommended to provide medical personnel under applicable U.S. regulations or procedures since no injuries were reported and the plaintiffs did not request medical attention. The Court agreed with the airlines’ arguments, noting that “there is no evidence in the record that suggests [Mesa and American] violated any relevant aviation safety regulation” and that it was prudent for the pilot to inform the passengers about the status of the emergency only after handling the emergency descent procedure.
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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