Legal Opinion
Brandi Wallace v. Korean Air
Court of Appeals for the Second Circuit
Decided June 6, 2000No. 1999PublishedCited by 28 opinions
1Opinion of the Court
Judge POOLER concurs by separate opinion.
McLAUGHLIN, Circuit Judge:
Plaintiff Brandi Wallace was sexually assaulted while on a Korean Air Lines Co., Ltd. (“KAL”) international flight. Her attacker was a fellow passenger. She sued KAL to recover for the assault under the Warsaw Convention,1 which makes air carriers liable for passenger injuries caused by an “accident.” Warsaw Convention Art. 17. The United States District Court for the Southern District of New York (Patterson, J.) dismissed the suit, concluding that the sexual assault was not “a risk characteristic of air travel,” and therefore…
2Cases cited17 opinions
- Air France v. SaksSupreme Court of the United States · 1985
- El Al Israel Airlines, Ltd. v. Tsui Yuan TsengSupreme Court of the United States · 1999
- Eastern Airlines, Inc. v. FloydSupreme Court of the United States · 1991
- Trans World Airlines, Inc. v. Franklin Mint Corp.Supreme Court of the United States · 1984
- In Re Korean Air Lines Disaster of September 1, 1983, Korean Air Lines Company, Ltd.Court of Appeals for the D.C. Circuit · 1991
12 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Gary Ehrlich and Maryanne Ehrlich v. American Airlines, Inc., American Eagle Airlines, Inc. And Simmons Airlines, Inc.Court of Appeals for the Second Circuit · 2004
- In Re Air Crash at Little Rock Arkansas, on June 1, 1999. Anna Lloyd v. American Airlines, Inc. United States Air Transport Association of America, Inc., Amici on Behalf OfCourt of Appeals for the Eighth Circuit · 2002
- Richard C. Marotte, Sr. v. American Airlines, Inc.Court of Appeals for the Eleventh Circuit · 2002
- Fulop v. Malev Hungarian AirlinesDistrict Court, S.D. New York · 2001
- McCaskey v. Continental Airlines, Inc.District Court, S.D. Texas · 2001
23 more not listed; retrieve them via the Exa API.