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Rodriguez v. British Airways PLC

'New Evidence' Does Not Entitle Airplane Cleaner to Vacated Judgment in Fall Injury Suit

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MEMORANDUM DECISION & ORDER

*1This case is before the Court on plaintiff’s motion to vacate the Court’s Order granting summary judgment in defendants’ favor. Plaintiff argues that deposition testimony unavailable when defendants’ motions were sub judice would have led the Court to a different decision. British Airways PLC (“BA”) and Cathay Pacific Airways Limited (“Cathay”) have opposed, arguing that the testimony is irrelevant to the Court’s holding. Defendants are correct, and plaintiff’s motion is denied.BACKGROUNDThe Court assumes the parties’ familiarity with the substantive facts and procedural background of the case. In summary, plaintiff, an aircraft janitorial worker, suffered injuries when she tripped and fell while boarding an aircraft as part of her employment duties. She brought suit against Cathay, which operated the flight, and against BA, which provided aircraft cleaning services to Cathay. The Court granted defendants’ motions for summary judgment, concluding that neither defendant owed plaintiff a duty to warn her of or protect her against the height differential (between the jet bridge and aircraft floor) on which she tripped. The Court

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