Gustafson v. American Airlines, Inc.

• Decision Date: 30 September 2009
• Docket Number: Civil Action No. 08-10144-MBB.
• Citation: 658 F.Supp.2d 276
• Parties: Michelle GUSTAFSON, Plaintiff, v. AMERICAN AIRLINES, INC., Defendant.
• Court: U.S. District Court — District of Massachusetts

Page 276

658 F.Supp.2d 276

Michelle GUSTAFSON, Plaintiff, v. AMERICAN AIRLINES, INC., Defendant.

Civil Action No. 08-10144-MBB.

United States District Court, D. Massachusetts.

September 30, 2009.

William H. DiAdamo, DiAdamo Law Office, LLP, Lawrence, MA, for Plaintiff.

Tory A. Weigand Morrison, Mahoney, & Miller LLP, Boston, MA, for Defendant.

MEMORANDUM AND ORDER RE: DEFENDANT AMERICAN AIRLINES, INC.'S MOTION FOR JUDGMENT ON THE PLEADINGS (DOCKET ENTRY # 4)

BOWLER, United States Magistrate Judge.

This action arises out of a fall plaintiff Michelle Gustafson ("plaintiff") experienced while disembarking from an American Airlines flight in Los Angeles on January 16, 2005. The single count amended complaint alleges that the negligent design, manufacture or maintenance of the aircraft by defendant American Airlines, Inc. ("defendant" or "American Airlines") was a direct cause of the fall and resulting injuries. (Docket Entry # 7, Ex. 1).

Defendant sought to dismiss the action in a motion for judgment on the pleadings filed under Rule 12(c), Fed.R.Civ.P. ("Rule 12(c)"). (Docket Entry # 4). After conducting a hearing, this court took the motion (Docket Entry # 4) under advisement.

Because both plaintiff and defendant submitted various exhibits and affidavits to consider in resolving the Rule 12(c) motion, this court converted the motion into a summary judgment motion on May 27, 2009. The May 27, 2009 Procedural Order advised the parties about the content of the record and afforded them up to and including June 15, 2009, to file any additional evidence. On June 15, 2009, both parties submitted additional evidence and memoranda. (Docket Entry ## 14 & 15).

Plaintiff's memorandum objected to the sua sponte conversion and requested "a reasonable opportunity to conduct discovery." (Docket Entry # 14). On July 21, 2009, this court therefore allowed plaintiff seven weeks to conduct additional discovery. (Docket Entry # 16). During that time period, the parties conducted depositions of plaintiff and defendant's Rule 30(b)(6), Fed.R.Civ.P. ("Rule 30(b)(6)"), deponent. (Docket Entry # 17, Ex. 3; Docket Entry # 19, Ex. 4). On September 9, 2009, plaintiff and defendant filed additional briefs and attached deposition transcripts and documents. With three rounds of briefing complete, the summary judgment motion (Docket Entry # 14) is ripe for review.

STANDARD OF REVIEW

Summary judgment is designed "`to pierce the boilerplate of the pleadings and assay the parties' proof in order to determine whether trial is actually required.'" Davila v. Corporacion De Puerto Rico Para La Difusion Publica, 498 F.3d 9, 12 (1st Cir.2007). Summary judgment is appropriate when the record shows "there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law." Rule 56(c), Fed.R.Civ.P. "A dispute is genuine if the evidence about the fact is such that a reasonable jury could resolve the point in the favor of the non-moving party." American Steel Erectors, Inc. v. Local Union No. 7, International Association of Bridge, Structural, Ornamental & Reinforcing Iron Workers, 536 F.3d 68, 75 (1st Cir.2008). "A fact is material if it carries with it the potential to affect the outcome of the suit under the applicable law." Id. Facts are viewed in favor of the non-movant, i.e., plaintiff. See Noonan v. Staples, Inc., 556 F.3d 20, 25 (1st Cir.2009).

Viewing the summary judgment facts in plaintiff's favor, they show the following.

FACTUAL BACKGROUND

American Airlines is an international and domestic airline carrier that serves Logan International Airport ("Logan") in Boston, Massachusetts. (Docket Entry # 3, ¶ 2; Docket Entry # 7, Ex. 1, ¶ 2). In 2004, plaintiff, a 64 year old retired elementary school teacher, belonged to a sailing club. A number of club members decided to take a trip to Puerto Vallarta, Mexico and one of the members, Richard Borjian ("Borjian"), offered to obtain airline tickets for various members of the sailing club including plaintiff. Plaintiff asked Borjian to procure her ticket[s] and expected to give him a $20 "tip" for his efforts. (Docket Entry # 17, Ex. 3).

Borjian, who was also going on the trip, proceeded to book four flights for round trip travel between Boston and Puerto Vallarta via Net Traveler, a ticket agency. (Docket Entry # 14, Ex. 1, ¶ 2; Docket Entry # 14, Ex. 4).¹ Plaintiff did not know the travel agency or internet service Borjian used to purchase the tickets. Her plan, however, was to travel from Boston to Puerto Vallarta, stay in Mexico for a period of time and then return from Puerto Vallarta to Boston. Likewise, her understanding with Borjian was for him to book a trip from Boston to Mexico and then from Mexico back to Boston. (Docket Entry # 17, Ex. 3).

The PNR is captioned "Code Share PNR" thereby evidencing a code sharing arrangement between the two carriers, American Airlines and Alaska Airlines. (Docket Entry # 14, Ex. 4; Docket Entry # 15, Ex. 1, ¶ 6). The October 4, 2004 booking of the flights took place at the same time. (Docket Entry # 14, Ex. 4; Docket Entry # 15, Ex. 1; Docket Entry # 19, Ex. 4). As set forth in the PNR, the booking consisted of: (1) a ticket on American Airlines flight 25 due to depart from Logan at 8:00 a.m. on January 16, 2005, and arrive in Los Angeles at 11:24 a.m.; (2) a ticket on Alaska Airlines flight 236 due to depart from Los Angeles at 1:30 p.m. on January 16, 2005, and arrive in Puerto Vallarta at 6:26 p.m.; (3) a ticket on Alaska Airlines flight 239 due to depart from Puerto Vallarta at 5:08 p.m. on January 22, 2005, and arrive in Los Angeles at 6:16 p.m.; and (4) a ticket on American Airlines flight 1920 due to depart Los Angeles at 9:50 p.m. on January 22, 2005, and arrive in Boston at 6:13 a.m. the next day. (Docket Entry # 14, Ex. 4). Construing the record and drawing reasonable inferences in plaintiff's favor, as required, the ticket numbers for the American and Alaska Airlines flights are not the same.

After Borjian completed the booking, he emailed plaintiff an itinerary. The itinerary does not identify an American Airlines flight. Rather, it designates four Alaska Airlines flights albeit with the above noted layovers and connections in Los Angeles. Plaintiff received the itinerary which included the $481.74 purchase price and planned to reimburse Borjian the purchase price when she arrived in Puerto Vallarta. Objectively, the itinerary showed the connecting flights in Los Angeles and confirmed that the trip was "from Boston to Mexico and back." (Docket Entry # 17, Ex. 3). Plaintiff also understood that the trip had separate legs but was all part of "one travel from Boston to Mexico and back." (Docket Entry # 17, Ex. 3). As set out in the PNR and at the time of booking, Borjian, acting on plaintiff's behalf, booked a "round-trip ticket from Boston to Puerto Vallarta and back to Boston." (Docket Entry # 17, Ex. 2). As further indicated in the PNR and communicated to American Airlines at the time of booking, the "flight" was "in four segments" consisting of one segment or leg from Boston to Los Angeles, a second segment from Los Angeles to Puerto Vallarta and the two return segments. (Docket Entry # 19, Ex. 4).

With the itinerary and her passport in hand, plaintiff arrived at Logan on January 16, 2005. Plaintiff checked her bag at curbside, showed her passport² and received boarding passes for the Boston to Los Angeles flight and for the Los Angeles to Puerto Vallarta flight. (Docket Entry # 17, Ex. 3). American Airlines scanned plaintiff's single checked bag with a destination of Puerto Vallarta as opposed to Los Angeles. (Docket Entry # 14, Ex. 4; Docket Entry # 15, Ex. 1, ¶ 7).

After having her bag scanned in Boston, plaintiff boarded American Airlines flight 25 direct from Logan to Los Angeles. Los Angeles was the final stop for flight 25 and all of the passengers were disembarking from the aircraft at the time plaintiff fell. (Docket Entry # 6, Ex. 1, ¶ 4; Docket Entry # 14, Ex. 1, ¶ 5). Plaintiff's only purpose for being in Los Angeles was to connect with the Alaska Airlines flight to Puerto Vallarta. She had no other business in Los Angeles. (Docket Entry # 17, Ex. 3).

While walking down the aisle in the process of deplaning from American Airlines flight 25, plaintiff tripped and fell. (Docket Entry # 6, Ex. 1 & 3; Docket Entry # 14, Ex. 1, ¶ 6; Docket Entry # 14, Ex. 5; Docket Entry # 17, Ex. 3). She received treatment for injuries to her face and head at a first aid station in the airport. The incident report, which does not reference travel to Mexico,³ reflects the injury as taking place at American Airlines gate 42A. Plaintiff was treated and released at approximately 12:15 p.m. (Docket Entry # 6, Ex. 3).

A few hours later, plaintiff continued her journey and, using a different ticket from the one used for American Airlines flight 25, boarded Alaska Airlines flight 236 direct from Los Angeles to Puerto Vallarta. (Docket Entry # 6, Ex. 3; Docket Entry # 14, Ex. 1, ¶ 9; Docket Entry # 14, Ex. 2; Docket Entry # 17, Ex. 3). Alaska Airlines flight 236 departed from a different terminal than American Airlines flight 25. (Docket Entry # 17, Ex. 3). Plaintiff therefore traveled from Los Angeles to Puerto Vallarta on a different airplane operated by a different carrier. (Docket Entry # 6, Ex. 1).

Consistent with the caption of the PNR, the two flights formed part of a code sharing arrangement between American Airlines and Alaska Airlines. (Docket Entry # 14, Ex. 4; Docket Entry # 15, Ex. 1; Docket Entry # 19, Ex. 4). American Airline's Rule 30(b)(6) deponent defined a code share as "an agreement between airlines to share routes so that each airline can have a presence where [it] may not necessarily have a base." (Docket Entry # 19, Ex. 4).

A snowstorm interrupted the return trip. Upon arriving in Los Angeles, a blizzard delayed plaintiff's flight to Boston resulting in a two night layover in Los...