(DOWNLOAD) "Schroeder V. Lufthansa German Airlines" by United States Court of Appeals for the Seventh Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Schroeder V. Lufthansa German Airlines
- Author : United States Court of Appeals for the Seventh Circuit
- Release Date : January 23, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Christine K. Schroeder, the plaintiff-appellant, brought this diversity suit*fn1 against Lufthansa German A lines and unknown employees of Lufthansa (collectively "Lufthansa"), the defendants-appellees, under the Warsaw Convention for injuries sustained while she was a passenger on Lufthansa. In her first amended complaint, Schroeder sought damages for slander, battery, false arrest, false imprisonment, intentional infliction of emotional distress, and failure to warn. She also claimed that the Warsaw Convention's liability cap of $75,000 did not apply because Lufthansa's actions amounted to willful misconduct. The district court dismissed her failure to warn claim on the ground that it did not state a cause of action and subsequently granted Lufthansa's summary judgment motion as to the rest of her claims. In granting Lufthansa's summary judgment motion, the district court ruled that Lufthansa's actions were justified under the circumstances and that Lufthansa was not responsible for the actions of the Royal Canadian Mounted Police ("RCMP"). The district court further ruled that even if Lufthansa were liable, the $75,000 liability cap would still apply and that the Warsaw Convention does not allow recovery for slander or for intentional infliction of emotional distress.
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