Scherer v. Pan American World Airways, Inc.

• Decision Date: 14 October 1976
• Citation: Scherer v. Pan American World Airways, Inc., 387 N.Y.S.2d 580, 54 A.D.2d 636 (N.Y. App. Div. 1976)
• Parties: Christian SCHERER et al., Plaintiffs-Appellants, v. PAN AMERICAN WORLD AIRWAYS, INC., Defendant, and Trans World Airlines, Inc., Defendant-Respondent.
• Court: New York Supreme Court — Appellate Division

Page 580

387 N.Y.S.2d 580

54 A.D.2d 636

Christian SCHERER et al., Plaintiffs-Appellants, v.PAN AMERICAN WORLD AIRWAYS, INC., Defendant and Trans World Airlines, Inc., Defendant-Respondent.

Supreme Court, Appellate Division, First Department.

Oct. 14, 1976.

P. D. Rheingold, New York City, for plaintiffs-appellants.

C. S. Tusa, New York City, for defendant-respondent.

Before KUPFERMAN, J.P., and LUPIANO, CAPOZZOLI, LANE and NUNEZ, JJ.

MEMORANDUM DECISION.

Order, Supreme Court, New York County, entered July 24, 1975, granting defendantsTrans World Airlines, Inc. and Pan American World Airways, Inc. summary judgment dismissing the first and second causes of action, unanimously affirmed without costs or disbursements.

This action was brought against TWA and Pan Am alleging that the plaintiffChristian Scherer suffered bodily injury (namely, thrombophlebitis), resulting from merely 'sitting' aboard a Pan Am flight from Tokyo to California.Plaintiff traveled from California to New York City aboard a TWA plane, during which trip the injury was allegedly aggravated.The planes were concededly not involved in a collision, nor was there any turbulence during the flights.The plaintiff complained of no injury during the flights.

The causes of action which were dismissed allege that the defendants are absolutely liable under the Warsaw Convention (49 U.S.Stat. 3014) and Montreal Agreement.

The plaintiff, in order to come within the purview of Article 17 of the Warsaw Convention,...