Kutner v. Eastern Airlines, Inc.

MEMORANDUM AND OPINION

RAYMOND J. BRODERICK, District Judge.

The defendant has filed a motion for summary judgment. This action was brought under the Federal Aviation Act of 1958, § 404(a), (b), 49 U.S.C. § 1374(a), (b), and state tort and contract law. The plaintiffs, Jules Kutner, his daughter, Carol Berger, and her three sons, were passengers on defendant Eastern Airlines’ Flight 38F on February 21, 1979. The flight was scheduled to depart from Miami, Florida at 5:30 P. M. for Philadelphia, Pennsylvania and Syracuse, New York. In fact, it departed from Miami at 6:14 P. M. and, because of…