· 4/17/1995
Eleanor M. Stagl v. Delta Airlines, Inc.
Citations
- 52 F.3d 463
- 1995 U.S. App. LEXIS 8879
- 1995 WL 226248
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a terminal operator had a duty under New York law to prevent harm to plaintiff, who was injured when an unidentified fellow passenger pulled his bag off the baggage carousel, causing another bag to fall on top of her
- analyzing duty owed by air carrier, which operated its own terminal, for harm caused to a passenger in that terminal under common carrier rules
- applying New York law and holding that terminal operator had a duty to “safeguard passengers against the foreseeable risks created by its concentration of allegedly unruly travelers around a congested baggage carousel”
- reversing district court’s refusal to compel evidence regarding accidents similar to that of the plaintiff’s because “evidence of such incidents would unquestionably be relevant, if not central, to [the plaintiff’s] case”
- “Because both parties agree that New York cases are controlling, we shall assume that New York law governs this diversity action.”
- “Evidence of [prior similar accidents] would unquestionably be relevant, if not central, to [plaintiff’s] case[.]”
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Walker, Calabresi
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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