Vuksanovich v. Airbus Americas Inc.

Flight Attendants' Toxic Exposure Claims Against Airbus Partly Dismissed as Time-Barred

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ADDITIONAL CASES Amysue Salvatore and Michael F. Salvatore, Plaintiffs, v. Airbus Americas, Inc., Airbus S.A.S., and Airbus Americas Engineering, Inc., Defendants; 21 Civ. 3487 OPINION AND ORDER Plaintiffs Kristi Vuksanovich and Amysue Salvatore are former JetBlue flight attendants; each alleges long-term physical and neurological health conditions as a consequence of their prolonged exposure to toxic fumes in the passenger cabins of airplanes manufactured by Defendants Airbus Americas, Inc. and Airbus S.A.S. (together, “Airbus,” or “Defendants”).¹ For these injuries, Mrs. Vuksanovich and Mrs. Salvatore each brought suit against Defendants, asserting claims sounding in strict products liability, negligence, and breach of warranty. Their spouses, Plaintiffs Mark Vuksanovich and Michael Salvatore (together with Mrs. Vuksanovich and Mrs. Salvatore, “Plaintiffs”), also assert derivative claims against Defendants for damages based on loss of consortium. Defendants now move to dismiss these two consolidated actions pursuant to Federal Rule of Civil Procedure 12(b)(6), arguing that Plaintiffs’ claims are time-barred and inadequately pleaded. For the reasons outlined below, the Court finds that Mr. and Mrs. Salvatore’s claims are time-barred and thus dismisses all claims asserted in the Salvatore action. The Court concludes differently with respect to Mr. and Mrs. Vuksanovich, who have stated timely claims for strict products liability, negligence, breach of the implied warranty of merchantability, and loss of consortium. Mrs. Vuksanovich has not, however stated a claim for breach of express warranty. BACKGROUND² A. Factual Background 1. The Airbus Bleed Air System These consolidated cases concern the allegedly defective design of the “bleed” air system used in the Airbus A320 family of commercial aircraft. (Vuksanovich SAC

6, 18; Salvatore SAC

Vuksanovich v. Airbus Americas Inc.

Flight Attendants' Toxic Exposure Claims Against Airbus Partly Dismissed as Time-Barred

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