United States Second Circuit

The district court erred when it 1) decided as a matter of law that injuries sustained in the course of light turbulence can never qualify as resulting from an "accident" under the Warsaw Convention for purposes of imposing liability on an airline, and 2) determined that there was no genuine issue of material fact regarding the degree of turbulence experienced by plaintiff's flight on defendant's airline.

Appellate Information

• Argued 12/09/2002
• Decided 08/12/2003
• Published 08/12/2003

Judges

• OAKES, Senior Circuit Judge., Before OAKES, CABRANES and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Abram I. Bohrer, New York, N.Y. (Bohrer & Lukeman, of counsel), for Plaintiff-Appellant.


• For Appellees:
  
• Peter F. Vetro, Garden City, N.Y. (Joseph A. Latasso, Gallagher Gosseen Faller & Crowley, of counsel), for Defendant-Appellee.