Martin v. Pan American World Airways, Inc.

MEMORANDUM

FLANNERY, District Judge.

This matter comes before the court on the motion of the defendant, Pan American World Airways, Inc. (“Pan Am”) for summary judgment. Pan Am argues that plaintiff’s action to recover damages for the value of luggage and its contents lost while plaintiff was traveling on a Pan Am flight from Miami, Florida to Buenos Aires, Argentina cannot be maintained for two reasons. First, Pan Am argues that it has already paid the full amount for which it is liable pursuant to the provisions of the Warsaw Convention and applicable Civil Aeronautics Board tariffs. Second,…