Upton v. Iran National Airlines Corp.

METZNER, District Judge:

This is an action for wrongful death and for personal injuries sustained when the roof of the main terminal at Mehrabad International Airport, Teheran, Iran, collapsed on December 5, 1974.

Defendant moves pursuant to Fed.R. Civ.P. 12(b)(6) and 56 for partial summary judgment on the issue of liability on plaintiffs’ Second and Sixth Claims. Plaintiffs Upton and Caswell cross-move for partial summary judgment on those claims.

The claims at issue are based upon the Warsaw Convention. Article 17 thereof provides:

“The carrier shall be liable for damage sustained in the event…