Bapes v. Trans World Airlines, Inc., 59 C 1476.
| Decision Date | 05 October 1962 |
| Docket Number | No. 59 C 1476.,59 C 1476. |
| Citation | 209 F. Supp. 380 |
| Parties | Julia BAPES, Administratrix to Collect of the Estate of Constantinos P. Bapes, Deceased, Plaintiff, v. TRANS WORLD AIRLINES, INC., a corporation, Defendant. |
| Court | U.S. District Court — Northern District of Illinois |
Vincent M. Clark and Salvatore G. La Placa, Chicago, Ill., for plaintiff.
Peterson, Lowry, Rall, Barber & Ross, Chicago, Ill., for defendant.
This matter coming on for hearing on the motion of the defendant to dismiss the Amended Complaint filed in this cause, and the Court having heard oral argument thereon, having read and considered memoranda filed in the cause, and being fully advised, the Court enters its Findings of Fact and Conclusions of Law, as follows:
FINDINGS OF FACT
1. The defendant, Trans World Airlines, Inc., is a corporation organized under the laws of the State of Delaware; the plaintiff, Julia Bapes, is the appointed administratrix of the Estate of Constantinos P. Bapes and a citizen of the State of Illinois.
2. The original Complaint alleges that on or about April 26, 1956, the deceased, Constantinos P. Bapes, was a passenger on defendant's airplane enroute from Chicago, Illinois to Athens, Greece, and that the plaintiff's decedent sustained injuries on that date which caused his death on September 13, 1958; that the said injuries and death were caused by the negligent conduct of the defendant.
3. This suit was filed on September 11, 1959, more than two years after April 26, 1956, the alleged date of the occurrence and the date upon which the said flight was to have arrived at its destination at Athens, Greece, but within two years from the alleged date of death of the plaintiff's decedent.
4. On February 3, 1961, plaintiff filed her Amended Complaint asserting that the injuries complained of were caused by the wilful and wanton misconduct of the defendant.
5. The plaintiff was engaged in international transportation at the time of the alleged injuries as defined in Article 1 of the Warsaw Convention.
6. Article 25 of the Warsaw Convention, concerning which the United States has declared its adherence, provides as follows:
7. Article 29 of the Warsaw Convention...
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...of only one cursory decision (by an Illinois district court fifty years ago) presenting similar facts. See Bapes v. Trans World Airlines, Inc., 209 F.Supp. 380, 381 (N.D.Ill.1962) (summarily holding that the plaintiff's wrongful death claim was time-barred under the Warsaw Convention where ......
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Srivastava v. Alia, The Royal Jordanian Airline
...the action." Kahn v. Trans World Airlines, Inc. (1981), 82 App.Div.2d 696, 709, 443 N.Y.S.2d 79, 87. Accord, Bapes v. Trans World Airlines, Inc. (N.D.Ill.1962), 209 F.Supp. 380. Plaintiff next contends that defendant was estopped from claiming that the cause of action accrued on November 18......
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Kordich v. Butler Aviation Detroit, Inc.
...Stat. 3000; TS 876; 49 U.S.C. § 1502 note.2 Stone v. Mexicana Airlines, Inc., 610 F.2d 699 (C.A. 10, 1979), Bapes v. Trans World Airlines, Inc., 209 F.Supp. 380 (N.D.Ill., 1962), Bergman v. Pan American World Airways, Inc., 32 App.Div.2d 95, 299 N.Y.S.2d 982 (1969).3 Bergman v. Pan American......
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Bergman v. Pan Am. World Airways, Inc.
...or limitation of liability included the statutory time limitation. In both instances the contention was rejected (Bapes v. Trans World Airlines, Inc., D.C., 209 F.Supp. 380; Wanderer v. Sabena (N.Y.Sup.Ct.1949), 1949 U.S. Aviation Reports 25, not officially reported). As the pertinent langu......