United States Supreme Court

Defendant is liable for the death of an international passenger because its conduct here constitutes an "accident" under Article 17 of the Warsaw Convention. Flight attendant's refusal to reseat the asthmatic passenger away from the smoking section was clearly external to him, and unexpected and unusual in light of industry standards, defendant's policy, and the simple nature of the requested accommodation.

Appellate Information

• Decided 02/24/2004
• Published 02/24/2004

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• United States Supreme Court

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