United States Ninth Circuit

Summary judgment for an airline in an action under the Warsaw Convention is affirmed where the district court correctly ruled in favor of the airline on the ground that its failure to warn plaintiff of the possibility of developing Deep Vein Thrombosis (DVT) during the course of an international flight did not constitute an "accident" under the Warsaw Convention.

Appellate Information

• Argued 02/15/2006
• Decided 08/02/2006
• Published 08/02/2006

Judges

• ENGLAND, District Judge., Before BETTY B. FLETCHER and CONSUELO M. CALLAHAN, Circuit Judges, and MORRISON C. ENGLAND, JR., District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Clay Robbins III, Los Angeles, CA, argued the cause for the appellant.


• For Appellees:
  
• William J. Boyce, Houston, Texas, argued the cause for the appellee.   With him on the briefs were Rachel G. Clingman, Houston, TX, and Jeffrey A. Worthe, Santa Ana, CA.