Juarbe v. Eastern Air Lines, Inc.

OPINION AND ORDER

PIERAS, District Judge.

This diversity case is before the Court on defendant Eastern Airlines’ motion to dismiss and plaintiff’s opposition. For purposes of this motion, the parties reached agreement on the material facts at an Initial Scheduling Conference on December 8, 1987, as follows: In July, 1985, the plaintiff bought a round-trip ticket in Mayaguez for travel to Los Angeles. During the return trip, on August 4, 1985, Eastern received a call in Puerto Rico indicating that a bomb was aboard flight 504. The plane made an emergency landing on Caicos Island, Bermuda, and…