Butler v. Aeromexico

DUMBAULD, District Judge:

Appellees’ decedents were killed on July 27, 1981, when an airplane operated by defendant crashed while attempting to land at Chihuahua airport in Mexico. The principal issue for determination is whether the conduct of defendant’s crew amounted to “wilful misconduct” within the meaning of Article 25 of the Warsaw Convention1 so as to render inapplicable the convention’s $75,000.00 limitation of liability provision (Article 22). After a five-day non-jury trial the District Court awarded appellee Butler $811,543.86 and appellee Reed $790,637.52.2

The term “wilful…