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Roberts v. Delta Air Lines, Inc.

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Before Lynch, Chief Judge, Souter, *fn1 Associate Justice, and Selya, Circuit Judge.

Jocelyn Roberts, a flight attendant, was injured while working on a March 6, 2005, flight from Boston to Las Vegas for Song LLC, which was owned and operated by Delta Air Lines, Inc. (“Delta”). She received a lump sum workers’ compensation payment from Song and Delta’s insurer, which insured both Delta and Song under the same policy. Nonetheless, Roberts sued Delta for negligence. She said that her employer was Song, not Delta, and so she was free, under Massachusetts workers’ compensation law, to sue Delta on a theory that Delta was a liable third party. Delta removed the case to federal court based on diversity jurisdiction.

The district court, in a thoughtful opinion, disagreed with Roberts and entered summary judgment for Delta. Roberts v. Delta Air Lines, Inc., No. 07-12154-DPW, slip op. at 35 (D.Mass. Dec. 4, 2008). On appeal, Roberts argues the district court erred in granting summary judgment because there were contested issues of material fact. We affirm.

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