United States First Circuit

Dismissal of state tort action against airline because of preemption by the Warsaw Convention is reversed and remanded where: 1) the district court did not determine whether the Convention applied by examining whether the plaintiff's injuries occurred during embarking or disembarking; and 2) the complaint stated an adequate claim for negligence.

Appellate Information

• Decided 05/23/2006
• Published 05/23/2006

Judges

• LIPEZ, Circuit Judge., Before TORRUELLA, LIPEZ, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Alfredo Fernández-Martínez, with whom Delgado & Fernández, LLP was on brief, for appellant Michel Acevedo-Reinoso.


• For Appellees:
  
• Juan R. Marchand-Quintero, with whom Francisco Ortiz-Santini was on brief, for appellee.