Vumbaca v. Terminal One Grp. Ass'n L.P.
| Citation | 859 F.Supp.2d 343 |
| Decision Date | 20 April 2012 |
| Docket Number | No. 11–CV–5535.,11–CV–5535. |
| Parties | Vivian VUMBACA, individually and on behalf of all others similarly situated, Plaintiff, v. TERMINAL ONE GROUP ASSOCIATION L.P., Defendant. |
| Court | U.S. District Court — Eastern District of New York |
OPINION TEXT STARTS HERE
Thatcher A. Stone, New York, NY, Timothy N. Mathews, Steven A. Schwartz Chimicles & Tikellis, Haverford, PA, for the plaintiff.
Michael J. Holland, Marissa Nicole Lefland, Condon & Forsyth, LLP, New York, NY, for the defendant.
I. Introduction and Synopsis
Plaintiff alleges that she was kept locked in an aircraft on the ground without food, water, or adequate sanitary facilities for seven hours, suffering mental distress. Hers is a most appealing case. Yet the law can only give her sympathy, not monetarycompensation. An international treaty and New York law bar recovery.
From December 26th to 27th, 2010, during the height of the holiday travel season, the New York metropolitan area was—somewhat unexpectedly—blanketed with over a foot of snow. John F. Kennedy International Airport (JFK) was closed to air traffic for the worst of the storm. When it reopened, there were continuing problems. Passengers on arriving flights were forced to endure substantial waits after landing before they were able to disembark. Difficulties appear to have been particularly severe at terminals serving international flights. The events sparked a federal investigation and new regulations that forbid foreign air carriers from permitting international flights to remain on the tarmac at a United States airport for more than four hours without allowing passengers to deplane. SeeEnhancing Airline Passenger Protections, 76 Fed.Reg. 23110, 23110 (Apr. 25, 2011) ().
Plaintiff Vivian Vumbaca was one of the stranded passengers. Trapped for most of the night aboard an Alitalia flight from Rome that had arrived at Terminal One, she was forced to endure, as she put it, “cramped, uncomfortable, malodorous conditions, without food, water and sanitation” for nearly seven hours. Pl.'s Mem. of Points and Authorities in Opp. to Def.'s Mot. for Summ. J. 1, Doc. Entry 22, Jan. 31, 2012 (“Pl.'s Summ. J. Mem.”). This resulted, according to her, in “severe emotional distress.” Compl. ¶ 19, Doc. Entry 1, Nov. 10, 2011 (“Compl.”).
She sued Terminal One Group Association, L.P. (TOGA), which operates Terminal One, and seeks to represent similarly situated passengers claiming emotional harms resulting from negligence, false imprisonment, and intentional infliction of emotional distress. See generally Compl. She initially pled simple state law causes of action for negligence, false imprisonment, intentional infliction of emotional distress, and prima facie tort (presumably under New York law). She now concedes that the prima facie tort claim should be dismissed. Pl.'s Summ. J. Mem. 22.
Defendant moves to dismiss all of plaintiffs claims on the ground that plaintiff failed to state a claim under New York law. Def.'s Mot. to Dismiss for Failure to State a Claim, Doc. Entry 12, Dec. 9, 2011.
At the court's direction, the motion directed at the pleadings was converted to one for summary judgment. Order, Doc. Entry 14, Dec. 20, 2011. Briefing was also ordered on the applicability and effect of the Montreal Convention, an international treaty governing the liability of air carriers and their agents. Order, Doc. Entry 33, Feb. 16, 2011; see The Convention for the Unification of Certain Rules for International Carriage by Air, May 28, 1999, reprinted inS. Treaty Doc. No. 106–45, 1999 WL 33292734 (2000) (“Montreal Convention”). Following a hearing, ordered were supplemental discovery and briefing on the issue of what, if any, harms plaintiff suffered. See Order, Doc. Entry. 41...
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