Ugaz v. American Airlines, Inc.

• Decision Date: 04 September 2008
• Docket Number: No. 07-23205-CIV.,07-23205-CIV.
• Citation: 576 F.Supp.2d 1354
• Parties: Brigitte Espinoza UGAZ, Plaintiff, v. AMERICAN AIRLINES, INC., and Miamidade County d/b/a Miami International Airport, Defendants.
• Court: U.S. District Court — Southern District of Florida

576 F.Supp.2d 1354

Brigitte Espinoza UGAZ, Plaintiff, v. AMERICAN AIRLINES, INC., and Miamidade County d/b/a Miami International Airport, Defendants.

No. 07-23205-CIV.

United States District Court, S.D. Florida, Miami Division.

September 4, 2008.

COPYRIGHT MATERIAL OMITTED

John W. Gautier, Gautier & Hasty, Coral Gables, FL, Ronald Mark Simon, Simon & D'Alemberte, Nadine Figueroa, Simon & Bocksch, Miami, FL, for Plaintiff.

Gregory Mark Palmer, Shannon Campbell Fitzpatrick, Marty Fulgueira Elfenbein, Rumberger Kirk & Caldwell, Gregory Patrick Sreenan, Erik Mark Vieira, Sreenan & Associates, John James Goran, Wicker Smith O'Hara McCoy et al., Eduardo Gomez, Alvarez & Carbonell, PL, Miami, FL, for Defendants.

ORDER GRANTING MOTIONS FOR SUMMARY JUDGMENT

FEDERICO A. MORENO, District Judge.

Plaintiff Brigitte Espinoza Ugaz, an American Airlines passenger traveling from Peru, fell walking up an inoperable escalator shortly after her flight arrived at the Miami International Airport. As a result, the Plaintiff, who is a surgeon, injured her ankle and proceeded to sue Defendants American Airlines and Miami-Dade County. American Airlines filed a Motion for Summary Judgment in which the Airport joined for purposes relevant to the disposition of this case. The Defendants' Motions are GRANTED.

At its core, this Order resolves two primary issues: (1) does the Montreal Convention governing international air travel apply and preclude recovery for the Plaintiff, and (2) can the Defendants be held liable for negligence for the injury suffered when the Plaintiff voluntarily ascended a stationary escalator? The Court rules that the Montreal Convention is the proper law governing the Plaintiff's claims.¹ Furthermore, the Court finds that recovery is foreclosed because the Plaintiffs injury did not result from an "accident" as defined by the treaty. Yet, even if there were an "accident" in this case despite the Plaintiff's failure to plead it, then the Court holds that the Plaintiff's negligence completely bars recovery.

Furthermore, if the Montreal Convention did not apply at all in this case, recovery is barred under a theory of negligence. First, an inoperable escalator, standing alone, is not unreasonably unsafe and there is no evidence that the Defendants had actual or constructive notice of its condition. Second, the existence of an inoperable escalator does not, standing alone, demonstrate proximate cause on the part of those responsible for allowing its use. Third, to the extent that an inoperable escalator could be considered a hazard at all, the Court finds that it is so "open and obvious" there this is no duty of care on the part of the Defendants. Without sufficient evidence to suggest otherwise, this Court treats a stationary escalator as a set of stairs. Lastly, the evidence and contentions in this case indicate that the alleged cause of the injury in question was not unique or particular to the escalator's immobility, but rather implicates the design of the escalator itself. Therefore, if there is a cause of action available under these facts, the Court concludes that the claim would have been more properly raised under products liability law, for which neither named defendant can be held responsible.

Summary Judgment for the Defendants is GRANTED in full.

I. PROCEDURAL BACKGROUND

The Plaintiff sued Defendant American Airlines in state court after sustaining injuries on inoperable escalator at Miami International Airport. The Plaintiff filed an Amended Complaint (D.E. No. 16) on January 28, 2008, adding Miami-Dade County as a Defendant. The Plaintiff's Amended Complaint alleges that American Airlines and Miami-Dade County caused her injury by: (1) negligently maintaining the premises (namely, failing to provide an operable escalator, failing to provide adequate lighting,² and forcing the Plaintiff to walk on a "dangerous and unsafe" inoperable escalator); (2) negligently breaching, a duty to exercise reasonable care by allowing the dangerous and hazardous condition to exist; (3) failing to warn of a hazardous and dangerous condition; and (4) failing to provide reasonable policies, procedures, or training to safeguard against the "foreseeable and known hazard" of an inoperable escalator.

American Airlines removed the case to this Court on December 10, 2007 on the basis of diversity and federal question jurisdiction. The Plaintiff moved to remand on January 11, 2008 (D.E. No. 10). The Court subsequently denied the motion to remand on the basis of federal question jurisdiction under the Montreal Convention on January 31, 2008 (D.E. No. 19). The Defendants raised the issue of the Montreal Convention in their Response to the Plaintiff's Motion to Remand, and the Plaintiff did not file a Reply to the Response; nor did the Plaintiff file a motion to reconsider the Court's application of the Montreal Convention.

On June 16, 2008, Defendant American Airlines filed its Motion for Summary Judgment (D.E. No. 84). At the same time, American Airlines filed its Statement of Undisputed Material Facts in Support of its Motion for Summary Judgment (D.E. No. 85) and attached five witness deposition transcripts as exhibits (including the Plaintiff's). Furthermore, on the same day, Defendant Miami-Dade County joined in the Motion for Summary Judgment insofar as it argued against a finding of negligence under Florida state law (D.E. No. 88). On July 10, 2008, the Plaintiff filed her Response and Memorandum in Opposition (D.E. No. 98) and Statement of Undisputed Material Facts in Opposition (D.E. No. 99). To the latter, the Plaintiff attached duplicate deposition transcripts for several witnesses as well as a receipt for escalator keys. On July 21, 2008, American Airlines filed a Response to Plaintiff's Statement of Undisputed Material Facts (D.E. No. 102) and its Reply in Support of its Motion for Summary Judgment (D.E. No. 103). The Defendants' Motions for Summary Judgment are therefore fully briefed.

II. FACTUAL BACKGROUND

The Court has exhaustively reviewed the record in this case. Notwithstanding counsel's tripartite hostility during depositions and their "Who's on First?" Abbottand-Costello-esque dispute over who possesses what escalator keys, and who is responsible for the seemingly simple task of turning on and off the fateful escalator at Gates 10 and 11, the Court provides the summary of the facts below as presented by the record.

The Plaintiff arrived at Miami International Airport on an international flight from Lima, Peru on May 26, 2006. (Espinoza Dep. 28:7-24, April 21, 2008.) She had a rolling, carry-on suitcase that was described as "heavy," as well as a light "laptop-type" bag. (Espinoza Dep. 31:4-6, 15-17, 36:9-12.) At the time, the Plaintiff was wearing backless wedge sandals that were five to eight centimeters (or two to three inches) thick at the heel and three to four centimeters thick at the front. (Espinoza Dep. 32:20-33:4, 115:21-116:5, 116:24-117:9; Stein Reply 2; Janiszewski Dep. 80:24-81:9, May 29, 2008.) She exited the plane into the "sterile area" and followed other passengers to the inoperable escalator that led to immigration and customs. (Espinoza Dep. 36:19-22; see generally Haymes Dep. 28:1-19, May 14, 2008.) When she arrived at the escalator, the Plaintiff realized that it was not working. (Espinoza Dep. 36:20-22.) Passengers behind the Plaintiff urged her to climb the escalator. (Espinoza Dep. 27:2-6.) She then chose to ascend the escalator. (Espinoza Dep. 39:21-23.) The Plaintiff first attempted to pull her rolling bag up stepby-step. (Espinoza Dep. 39:21-40:4.) Between the third to fifth step, she decided to lift it and carry it. (Espinoza Dep. 41:1-8, 100:15-22.) In the process of lifting her bag, the Plaintiff fell and was injured. (Espinoza Dep 41:3-8; see generally Espinoza Dep. at 104-109.)

In addition to the escalator, there were stairs and an elevator that led to immigration and customs; the means of travel were "all conveniently packaged right together." (Stiles Dep. 97:3-6, May 27, 2008; see also Boone Dep. 30:3-20, May 13, 2008; D.E. No. 56-1.) There were American Airlines employees outside of the door to the airplane who told the Plaintiff to go to immigration via the "escalera."³ (Espinoza Dep. 95:13-20.) Passengers were not permitted to leave the airport before traveling through immigration and customs directly from the sterile zone. (Haymes Dep. 28:1-19).

III. STANDARD OF REVIEW

Summary judgment is authorized where there is no genuine issue of material fact. Fed.R.Civ.P. 56(c). The party seeking summary judgment bears the initial burden of demonstrating the absence of a genuine issue of material fact. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). The party opposing the motion for summary judgment may not simply rest upon mere allegations or denials of the pleadings; the non-moving party must establish the essential elements of its case on which it will bear the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). The non-movant must present more than a scintilla of evidence in support of the non-movant's position such that a jury may be able to reasonable find for the nonmovant. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). "The failure of proof concerning an essential element of the non-moving party's case necessarily renders all other facts immaterial and requires the court to grant the motion for summary judgment." Henderson v. Carnival Corp., 125 F.Supp.2d 1375, 1376 (S.D.Fla.2000).

IV. THE MONTREAL CONVENTION

A. BACKGROUND

The Montreal Convention entered into force in the United States on November 4, 2003 and superceded the Warsaw Convention. See Convention for the Unification of Certain Rules for...