James W. Smith v. Comair, Incorporated Delta Airlines, Incorporated

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge ELLIS and Senior Judge MERHIGE joined.

OPINION

WILKINSON, Chief Judge:

James Smith sued Comair, Inc. and Delta Airlines, Inc. for breach of contract, false imprisonment, and intentional infliction of emotional distress. The district court granted summary judgment in favor of Comair on the grounds that Smith’s claims are preempted by the Airline Deregulation Act of 1978(ADA) and, alternatively, that his intentional tort claims must be dismissed for failure to state a claim. Sfnith appeals. We agree that Smith’s…