Hall v. Delta Air Lines, Inc.

• Decision Date: 30 March 2018
• Docket Number: 2:16-cv-00417-JAW
• Parties: KARL HALL and MARLENE HALL, Plaintiffs, v. DELTA AIR LINES, INC. and FLIGHT SERVICES & SYSTEMS, INC. Defendants.
• Court: U.S. District Court — District of Maine

KARL HALL and MARLENE HALL, Plaintiffs, v. DELTA AIR LINES, INC. and FLIGHT SERVICES & SYSTEMS, INC. Defendants.

2:16-cv-00417-JAW

UNITED STATES DISTRICT COURT DISTRICT OF MAINE

March 30, 2018

ORDER MOTION FOR SUMMARY JUDGMENT

Karl Hall and Marlene Hall bring this diversity action against an airline and one of its contractors alleging common law negligence and statutory loss of consortium and seeking punitive damages arising out of two incidents of personal injury. The airline moves for summary judgment on all counts, arguing preemption, a lack of vicarious liability, and the inapplicability of punitive damages. The Court denies the Motion for Summary Judgment (ECF No. 42).

I. PROCEDURAL HISTORY

On August 16, 2016, Karl Hall and his wife Marlene Hall filed a complaint in this Court against Delta Air Lines, Inc. (Delta) and Flight Services & Systems, Inc. (FSS). Compl. (ECF No. 1). The Complaint contains four counts: Count I— common law negligence arising out of a 2015 incident, in which Mr. Hall was injured disembarking a Delta flight in Maine (the 2015 incident); Count II—loss of consortium, pursuant to 14 M.R.S. § 302, arising out of the 2015 incident; Count III— common law negligence arising out of a 2016 incident, in which Mr. Hall was injured boarding a Delta flight in Georgia (the 2016 incident); Count IV— loss of consortium, pursuant to 14 M.R.S. § 302, arising out of the 2016 incident. Id. at 3-5. On September 13, 2016, Delta answered the Complaint. Answer and Demand for Jury Trial (ECF No. 6).¹

On June 6, 2017, Delta filed a motion for summary judgment, Delta's Mot. for Summ. J. (ECF No. 42) (Def.'s Mot.), with a statement of material facts, Statement of Material Facts as to Which Delta Air Lines, Inc. Contends There is no Genuine Issue of Material Fact to be Tried (ECF No. 43) (DSMF), as well as the stipulated record. Stipulation as to Facts Admitted Solely for Purposes of Summ. J. (ECF No. 40) (Stip.). On June 23, 2017, the Halls filed their opposition, Pls.' Opp'n to Delta Air Lines, Inc.'s Mot. for Summ. J. (ECF No. 48) (Pls.' Opp'n), their response to Delta's statement of material facts, Pls.' Opposing Statement of Material Facts (ECF No. 49) (PRDSMF), and a set of additional material facts. Id. at 15-21 (PSAMF). On July 7, 2017, Delta replied to the Halls' opposition, Delta's Reply Mem. in Supp. of Mot. for Summ. J. (ECF No. 51) (Def.'s Reply), and to the Halls' additional material facts. Delta's Reply Statement of Material Facts (ECF No. 52) (DRPSAMF).

II. STATEMENT OF FACTS

A. The Parties

As of the dates of both incidents, Karl Hall was a qualified individual under the Air Carrier Access Act (ACAA), 49 U.S.C. § 41705 et seq. and a passenger with a disability under 14 C.F.R. Part 382. Stip. ¶ 7; PRDSMF ¶ 7. He suffers from muscular dystrophy. DSMF ¶ 9; PRDSMF ¶ 9. As a result of this condition, Mr. Hall has little to no motor control over his own body and cannot prevent himself from falling if not properly secured in a chair. PSAMF ¶ 71. Delta is a common carrier subject to the laws, rules, and regulations of the United States relating to the airline industry. Stip. ¶ 8; PRDSMF ¶ 10.

B. Delta's Mobility Contractors: FSS and AirServ

1. FSS Services at Portland International Jetport

Pursuant to a contract dated January 19, 2009, Delta contracted with FSS to perform passenger assistance services for Delta's passengers at the Portland International Jetport in Portland, Maine, including the transfer of passengers to and from wheelchairs to aircraft seats with the aid of aisle chairs and assistance to passengers in boarding and deplaning. Stip. ¶ 1; id. Attach. 1 Airport Services Master Agreement (FSS Contract); PRDSMF ¶ 1. Section 2.5 of the FSS contract states:

All Services shall be furnished by Contractor as an independent contractor. All personnel utilized by Contractor in the furnishing of such Services shall be employees of Contractor and under no circumstances shall be deemed employees of Delta. Contractor shall be fully responsible for all acts and omissions of such personnel.²

DSMF ¶ 23; FSS Contract at 4³; PRDSMF ¶ 23.

The contract also provides that FSS is obligated "to comply with all applicable laws, rules, regulations and procedures, including without limitation the Air Carrier Access Act (ACAA) of 1986 and 14 C.F.R. Part 382" in its provision of passenger assistance services. DSMF ¶ 27; FSS Contract at 45; PRDSMF ¶ 27. The contract further states that FSS "shall ensure supervisory personnel are familiar with all aspects of the operation relating to special services, including providing training related to 14 CFR Part 382, and that such personnel "shall be responsible for operations oversight [and] employee conduct and performance . . ." DSMF ¶¶ 28, 29; FSS Contract at 47; PRDSMF ¶ 29. FSS also is obligated to "[t]ransfer . . . customers to/from the wheelchair and aircraft seat with the aid of an aisle chair and [provide] assistance in boarding, deplaning and transfers of customers between gates." DSMF ¶ 30; FSS Contract at 47; PRDSMF ¶ 30. The contract requires that "[p]rior to interacting with the traveling public, contractor personnel are required to complete training regarding the requirements of Part 382 and Delta's disability procedures, including the proper and safe operation of any equipment used to accommodateindividuals with a disability."⁴ DSMF ¶ 32; FSS Contract at 48-49; PRDSMF ¶ 32. The contract also mandates that FSS "institute and maintain an effective quality assurance program to ensure Passenger Assistance Services comply with 14 C.F.R. Part 382." DSMF ¶ 33; FSS Contract at 50; PRDSMF ¶ 33.⁵

After reviewing FSS's training curriculum, Delta's General Manager of Airport Customer Service Learning, by memorandum dated March 12, 2014, advised FSS that:

This letter acknowledges that your request to accept Wheelchair Assistance Training provided by FSS Service Learning.

It is acknowledged that FSS has agreed to keep their training records updated and available for inspection at any time. It is also acknowledged that FSS guarantees that they will only provide qualified personnel for Delta's operation.

Stip. ¶ 11; id. Attach. 3 Memo (emphasis in original); PRDSMF ¶ 34.

Delta was contractually empowered to review and approve all FSS staffing plans related to the provision of the Services to disabled passengers, such as Mr. Hall; FSS did in fact provide staffing plans for Portland-based services to Delta for review and, if Delta found them deficient, Delta was authorized to order FSS to change them.PSAMF ¶ 54.⁶ Delta was contractually empowered to instruct FSS on how to provide Services to, inter alia, disabled passengers such as Mr. Hall, at the Portland airport. PSAMF ¶ 55.⁷ Pursuant to the terms of the FSS Contract, Delta reviews and approves the content and nature of passenger Services-related training provided to FSS employees, including training on how to properly enplane and deplane disabled passengers such as Mr. Hall. PSAMF ¶ 56.⁸

2. AirServ Services at Hartsfield-Jackson Atlanta International Airport

Pursuant to a contract dated April 9, 2009, Delta contracted with AirServ to perform passenger assistance services for Delta's passengers at the Hartsfield-Jackson Atlanta International Airport in Atlanta, Georgia, including the transfer of passengers to and from wheelchairs to aircraft seats with the aid of aisle chairs and assistance to passengers in boarding and deplaning. Stip. ¶ 4; id. Attach. 2 Airport Services Master Agreement (AirServ Contract); PRDSMF ¶ 4. Section 2.5 of the contract between Delta and AirServ states:

All Services shall be furnished by Contractor as an independent contractor. All personnel utilized by Contractor in the furnishing of such Services shall be employees of Contractor and under no circumstancesshall be deemed employees of Delta. Contractor shall be fully responsible for all acts and omissions of such personnel.⁹

DSMF ¶ 36; AirServ Contract at 4¹⁰.

The contract also provides that AirServ is obligated "to comply with all applicable laws, rules, regulations and procedures, including without limitation the Air Carrier Access Act (ACAA) of 1986 and 14 C.F.R. Part 382" in its provision of passenger assistance services. DSMF ¶ 40; AirServ Contract at 50; PRDSMF ¶ 40. The contract also provides that AirServ "shall ensure supervisory personnel are familiar with all aspects of the operation relating to special services, including providing training related to 14 CFR Part 382, and that such personnel "shall be responsible for operations oversight [and] employee conduct and performance . . ." DSMF ¶ 42; AirServ Contract at 50; PRDSMF ¶ 42. AirServ is required to "[t]ransfer . . . customers to/from the wheelchair and aircraft seat with the aid of an aisle chair and provision of assistance in boarding, deplaning and transfers of customers between gates." DSMF ¶ 43; AirServ Contract at 50; PRDSMF ¶ 43. The contract requires:

Prior to interacting with the traveling public, contractor personnel are required to complete training regarding the requirements of Part 382 and Delta's disability procedures, including the proper and safe operation of any equipment used to accommodate individuals with a disability.¹¹

DSMF ¶ 45; AirServ Contract at 51-52; PRDSMF ¶ 45. The contract also requires that AirServ "institute and maintain an effective quality assurance program to ensure Passenger Assistance Services comply with 14 C.F.R. Part 382." DSMF ¶ 46; AirServ Contract at 53; PRDSMF ¶ 46.¹²

After reviewing AirServ's training curriculum, Delta's General Manager of Airport Customer Service Learning, by memorandum dated February 25, 2016, advised AirServ that:

This letter acknowledges that your request to accept Wheelchair Assistance Training provided by AIRSERV in ATL, in lieu of training provided by Delta has been accepted Airport Customer Service Learning.

It is acknowledged that AIRSERV has agreed to keep their training record updated and available for inspection at any

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