Legal Opinion
Frances S. Hodges v. Delta Airlines, Inc.
Court of Appeals for the Fifth Circuit
Decided October 14, 1993No. 91-6037PublishedCited by 54 opinions
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
The question posed in this case is whether a tort claim for physical injury based on an unsafe condition in an airplane is preempted by § 1305 of the Airline Deregulation Act of 1978. Bound by a previous unpublished opinion of this court, we must hold that it is. Baugh v. Trans World Airlines, Inc., 915 F.2d 693 (1990). The panel believes this is the -wrong result and urges en banc review.
During a flight from the Caribbean to Miami, a fellow passenger opened the overhead compartment directly above Frances Hodges, dislodging and spilling a case containing several…
2Cases cited22 opinions
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Allis-Chalmers Corp. v. LueckSupreme Court of the United States · 1985
- Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
17 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Hodges v. Delta Airlines, Inc.Court of Appeals for the Fifth Circuit · 1995
- In Re American Airlines, Inc., Privacy LitigationDistrict Court, N.D. Texas · 2005
- Anna Botz, Formerly Known as Anna Hollenkamp v. Omni Air InternationalCourt of Appeals for the Eighth Circuit · 2002
- Rombom v. United Air Lines, Inc.District Court, S.D. New York · 1994
- Kiefer v. Continental Airlines, Inc., Texas Court of Appeals, 1st District (Houston)1994
49 more not listed; retrieve them via the Exa API.