Dagi v. Delta Airlines, Inc., No. 19-1056 (1st Cir. 2020)Annotate this Case
The First Circuit affirmed the district court's dismissal of Appellant's complaint alleging that he received an injury that occurred in connection with his 2015 Delta Airlines flight to London, holding that Appellant's complaint fell within the scope of the Convention for the Unification of Certain Rules for Intentional Carriage by Air (Montreal Convention) and was, as a result, time barred.
When an airline passenger suffers bodily injury on board an aircraft or in the course of embarking or disembarking, his or her sole legal recourse is to sue the airline for recovery under the Montreal Convention, which preempts any local law claims the passenger could bring. Appellant, who missed the Montreal Convention's two-year deadline to file suit, argued that his injury occurred after his disembarkation and was therefore outside the scope of the Montreal Convention. The district court dismissed the case, concluding that the Montreal Convention preempted and time barred Appellant's claims. The First Circuit affirmed, holding (1) Appellant's injury began inflight and therefore fell within the scope of the Montreal Convention; and (2) consequently, Appellant's claim was time barred.