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.
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