(Download) "Edith Rosman Et Al. v. Trans World Airlines" by Court of Appeals of New York # Book PDF Kindle ePub Free

July 17, 2021

eBook details

Title: Edith Rosman Et Al. v. Trans World Airlines
Author : Court of Appeals of New York
Release Date : January 13, 1974
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 72 KB

Description

At issue is whether, by virtue of defendants absolute liability for "death or wounding * * * or any other bodily injury" as set out in article 17 of the Warsaw Convention [49 U.S. Stat. 3014, 3018], plaintiffs may recover any damages for psychic trauma suffered on board a hijacked aircraft. The preliminary question, in the context of plaintiffs motions for summary judgment, is whether any triable issue of fact has been presented as to the meaning of critical terms of article 17, the official text of which is in French. For reasons which follow, we conclude that the precise meaning of article 17 is not a disputed issue of fact requiring trial in this case and that summary judgment should be granted to plaintiffs on the issue of liability, to the following extent. At trial, plaintiffs should be allowed to prove damages for palpable, objective bodily injuries suffered, whether caused by psychic trauma or by the physical conditions on the aircraft, irrespective of impact, but not for psychic trauma alone.