The U.S. Court of Appeals for the Tenth Circuit agreed with sister court rulings that personal injury claims stemming from an airline employee’s failure to exercise due care are not “related to” a deregulated price, route or service and are therefore not preempted by the Airline Deregulation Act.
According to the appeals court’s Aug 22 opinion, Kelly Day appealed a ruling by the U.S. District Court for the District of Utah, dismissing her lawsuit against SkyWest Airlines after she was allegedly injured by a flight attendant pushing a beverage cart. The district court dismissed the action as preempted under the ADA, according to the opinion. On appeal, the Tenth Circuit reversed the dismissal and remanded for further proceedings consistent with their opinion,
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