Citation: Olympic Breathing passages v. Rubina Husain
Substantial Court of the United States, 2004
470 U. S i9000., at 406
470 U. S., in 404
Summarize: In December 1997, Dr . Abid Hanson and his better half, Rubina Husain (hereinafter respondent), traveled with the children and another relatives from San Francisco to Athens and Cairo for a family trip. During a stopover in New york city, Dr . Hanson learned for the first time that petitioner allowed the passengers to smoke about international plane tickets. Because Doctor Hanson got suffered from asthma and was sensitive to secondhand smoke cigars, respondent wanted and obtained seats away from smoking section. After boarding, they found that their car seats were only three series in front of the smoking section. A flight attendant refused respondent's three needs to move Dr . Hanson. Since the smoking noticeably improved, Dr . Hanson walked toward the front of the planes to get fresher air flow. He then received medical assistance nevertheless died. Participants filed a wrongful-death suit in condition court, that has been removed to federal court docket. The Region Court discovered petitioner liable for Dr . Hanson's death, and the Ninth Circuit affirmed, ending that, underneath Saks' definition of " crash, " the flight attendant's refusal to reseat Doctor Hanson was clearly external to him, and unforeseen and uncommon in light of industry standards, Olympic insurance plan, and the basic nature with the requested accommodation.
Issue: If the " accident" condition preceding to atmosphere carrier legal responsibility under Content 17 is satisfied when the carrier's unusual and unexpected refusal to assist a passenger is a link within a chain of causation resulting in a passenger's pre-existing medical condition getting aggravated by exposure to a typical condition in the aircraft log cabin?
Decision: Certainly. The The courtroom explained the fact that term " accident" in the Convention identifies an " unexpected or unusual function or happening that is exterior to the traveling, " but not to " the passenger's own interior...