Gluckman v. American Airlines, Inc.
Decision Date | 09 February 1994 |
Docket Number | No. 92 Civ. 3740 (SWK).,92 Civ. 3740 (SWK). |
Citation | 844 F. Supp. 151 |
Parties | Andrew GLUCKMAN, for himself and as representative of his dog, Floyd, golden retriever, now deceased, Plaintiff, v. AMERICAN AIRLINES, INC., Defendant. |
Court | U.S. District Court — Southern District of New York |
COPYRIGHT MATERIAL OMITTED
Legal Action for Animals, New York City by Jolene R. Marion, for plaintiff.
Gallagher Gossen & Faller, Garden City, NY by James A. Gallagher, for defendant.
This action is for breach of obligation and various tort claims relating to American Airlines Inc.'s ("American") failure to safely transport Andrew Gluckman's ("Gluckman") pet dog, Floyd. Presently before the Court is defendant's motion, pursuant to Federal Rules of Civil Procedure 12(b)(6) and 56, to dismiss the complaint. In the alternative, American asks that, as a matter of law, the Court enter judgment in Gluckman's favor in the amount of $1250.00 for the breach of obligation claim, and find in favor of American for the remaining tort claims. For the reasons set forth below, American's motion is granted in part and denied in part.
Upon graduation from high school in the spring of 1988, Gluckman went camping out west with two high school friends. His parents purchased his round-trip airline ticket, from New York to Phoenix, as a gift. Early in the trip, a golden retriever wandered into Gluckman's campsite; the boys took him in and gave him food and water. The dog joined the campers and became one of their party, attaching himself especially to Gluckman. Gluckman named him Floyd.
On June 22, 1988, Gluckman, who had never before bought an airline ticket for himself, telephoned American asking if there was a way to bring Floyd, a perfectly healthy, two-and-one-half-year-old golden retriever, in the passenger cabin of the airplane on the flight home. The agent told Gluckman that, in order to bring Floyd home, Gluckman would have to put him in the baggage compartment. Gluckman could buy a special crate ($80.85) for Floyd to ride in, and pay an additional $30.00 for Floyd's transport.
According to Gluckman, the ticket agent never disclosed that Floyd would be in any danger during the flight by virtue of the fact that he was travelling in the baggage compartment. Specifically, Gluckman claims that the ticket agent did not warn him that (1) the cargo hold was not air-conditioned while the plane was on the ground; (2) American could not monitor conditions in the cargo hold from the cockpit of the plane; (3) the crew could not control the cargo area temperature; or (4) the outdoor temperatures could exceed safety limits set by defendant's own policies.2 Affidavit of Andrew Gluckman, sworn to on August 18, 1992 (the "Gluckman Aff."), at ¶¶ 10-12. Nor did the ticket agent reveal to Gluckman that Floyd was, in the eyes of American, merely baggage, that the airline's liability for his injury or death was limited, or that Gluckman could insure the dog for more than the standard, limited amount if he desired. Id. at ¶¶ 14-15.
On June 23, 1988, Gluckman and Floyd arrived at the Sky Harbor Airport in Phoenix for their flight home. Gluckman paid a $30.00 fee for checking Floyd as excess baggage, but did not make a special declaration of value with respect to the dog nor pay any excess valuation charge.
At the scheduled departure time, the plane taxied away from the gate. Because of mechanical difficulties, however, the plane was forced to return to the gate, where it remained for over an hour. In Arizona, on that June day, the temperature climbed to 115 degrees fahrenheit. The temperature in the unventilated baggage compartment, where Floyd was stowed, reached 140 degrees fahrenheit.
As the time elapsed, Gluckman realized that the delay would cause him to miss his connection in Chicago. Accordingly, he disembarked the plane to make other arrangements, and asked American to bring him his dog.
When American's agents brought Floyd to Gluckman, Gluckman was devastated to find that Floyd had collapsed from the heat. Floyd was lying on his side panting; his face and paws were bloody; there was blood all over the crate; and the condition of the cage evidenced a panicked effort to escape.
American, after an unexplained delay of an additional forty-five minutes, arranged to bring Floyd to a veterinarian. The veterinarian advised Gluckman that Floyd had suffered heat stroke and brain damage. Although Gluckman stayed with Floyd all night in intensive care, Floyd had to be put to sleep the next morning.
Gluckman's airline ticket was purchased on or about June 4, 1988, by his parents as a graduation gift, and used by him on his outbound flight from New York to Phoenix on or about June 6, 1988 ("Gluckman's ticket"). The ticket, which provided for round trip transportation aboard American, consisted of approximately eight pages. The first four pages consisted of individual flight coupons. The remaining four pages were labelled as follows: NOTICE ... CONDITIONS OF CONTRACT; NOTICE OF INCORPORATED TERMS; NOTICE OF BAGGAGE LIABILITY LIMITATIONS; and ADVICE TO INTERNATIONAL PASSENGERS ON LIMITATION OF LIABILITY. See Gluckman's Ticket, annexed to the Affirmation in Support of Defendant's Motion for Summary Judgment ("Def.Aff."), as Exhibit "D."
This portion of the ticket also indicated that claims for damage to baggage may be regulated by language contained in American's tariff. See id. at ¶ 7 ().
That portion of the ticket introduced with the words "NOTICE OF BAGGAGE LIABILITY LIMITATIONS" provided further that:
Liability for loss, delay or damage to baggage is limited as follows unless a higher value is declared in advance and additional charges are paid: (1) for travel wholly between U.S. points, to $1250 per passenger on most carriers (a few have lower limits).
On the day of his return flight, Gluckman also purchased an "Excess Baggage Ticket" ("Floyd's ticket"), representing American's receipt of Floyd. On the face of Floyd's ticket, in writing less than 1/16th of an inch high, appeared the following: See Excess Baggage Ticket, annexed to Def.Aff., as Exhibit "C."
At the time of Floyd's transport, American's tariff rules3 provided, in part, that:
The tariff provided further that:
Liability, if any, for the loss, damage, or delay in delivery of a fare-paying passenger's baggage, or other property (whether checked or otherwise delivered into the custody of the carrier) shall not exceed USD 1250.00 for each passenger ... unless the passenger elects to pay for higher liability. The carrier will compensate the passenger for all reasonable, documented expenses incurred as a direct result of loss of, damage to, or delay in the delivery of any personal property ...
See Domestic General Rules Tariff, annexed to Def.Aff., as Exhibit "E."
In the present action, Gluckman alleges that American's grossly negligent and reckless conduct resulted in Floyd's destruction. Specifically, Gluckman seeks (1) both compensatory and punitive damages as a result of Floyd's death and his own emotional distress (Count One); (2) compensatory damages for loss of the companionship of his pet (Count Two); (3) compensatory damages for Floyd's own pain and suffering (Count Three); and (4) compensatory damages based upon "the tort of outrage," on the grounds that American acted with reckless disregard of the probability that its conduct would cause Gluckman severe mental anguish (Count Four). Finally, Gluckman claims that American breached its obligation to him by failing to deliver and return Floyd in the same healthy...
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