Background
Kevin Greenidge, a fourteen-year-old passenger, died on an American Airlines flight from Honduras to Florida after his heart stopped. His aunt, Melissa Arzu, sued under the Montreal Convention, alleging the flight crew’s medical response and a malfunctioning automated external defibrillator constituted an accident. The district court granted summary judgment for the airline.
The court’s reasoning
The court held that an ineffective medical response alone does not satisfy the Montreal Convention’s accident requirement absent unusual circumstances and willing inaction. However, the court found a genuine dispute of material fact regarding whether the automated external defibrillator malfunctioned. Because Federal Aviation Administration regulations required a functional device, a jury could find the failure to provide one was an unexpected or unusual event.
What it means going forward
The ruling clarifies that internal policy deviations do not create per se liability for airlines under the Montreal Convention, while preserving the right to trial on factual disputes regarding equipment malfunctions that violate federal safety regulations.
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