Airplane Injury Claim Against Southwest Not Federally Pre-empted
A woman's state law claim that she was injured when she was struck in the head by another passenger's suitcase while boarding a Southwest Airlines flight is not pre-empted by the Federal Aviation Act, the Pennsylvania Superior Court has ruled in a case of first impression.
April 19, 2017 at 12:38 AM
4 minute read
A woman's state law claim that she was injured when she was struck in the head by another passenger's suitcase while boarding a Southwest Airlines flight is not pre-empted by the Federal Aviation Act, the Pennsylvania Superior Court has ruled in a case of first impression.
In a published opinion in Okeke-Henry v. Southwest Airlines, a three-judge panel unanimously reversed a Philadelphia trial court's ruling granting Southwest Airlines' motion for judgment on the pleadings and remanded the case for further proceedings.
Philadelphia Court of Common Pleas Judge Linda A. Carpenter had foundthat plaintiff Chinweifenu Okeke-Henry failed to allege a violation of the standard of care under the FAA.
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