Moore v. British Airways PLC, No. 21-1037 (1st Cir. 2022)
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The First Circuit vacated the judgment of the district court entering summary judgment in favor of an airline and dismissing an airline passenger's personal injury complaint, holding that the district court erred in granting summary judgment in favor of the airline.
The passenger in this case was injured after falling while disembarking from an aircraft via a mobile staircase made of a last step that was steeper than the earlier steps. At issue was whether Plaintiff's injuries resulted from an "accident" within the meaning of the Montreal Convention. The district court granted summary judgment in favor of the airline, determining that the passenger's injuries were not the result of an accident within the meaning of the Montreal Convention. The First Circuit vacated the judgment, holding that it is for a jury to decide whether the passenger's injuries resulted from an accident within the meaning of the Montreal Convention.
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