Legal Opinion
Koirala v. Thai Airways International, Ltd.
Court of Appeals for the Ninth Circuit
Decided September 25, 1997No. Nos. 96-16598, 96-16712PublishedCited by 2 opinions
1Opinion of the Court
THOMAS, Circuit Judge:
On July 31, 1992, Thai Airways International (“Thai Airways”) Flight TG-311 crashed into a mountainside while attempting to land at Tribhuvan International Airport in Kathmandu, Nepal, killing all 113 people aboard. In this case, we examine whether the crash was the result of “wilful misconduct” on the part of the flight crew, lifting the Warsaw Convention’s $75,000 cap on damages for personal injury. We agree with the district court that it was.
I
Flight TG-311 was a regularly scheduled flight from Bangkok, Thailand to Kathmandu, Nepal. Tribhuvan International Airport in…
2Cases cited21 opinions
- United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
- Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
- Miles v. Apex Marine Corp.Supreme Court of the United States · 1990
- Zicherman Ex Rel. Estate of Kole v. Korean Air Lines Co.Supreme Court of the United States · 1996
- Janicki Logging Co. v. Bruce Mateer Dale RobertsonCourt of Appeals for the Ninth Circuit · 1994
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3Cited by2 opinions
- Plumber, Steamfitter & Shipfitter Industry Pension Plan & Trust v. Siemens Building Technologies Inc.Court of Appeals for the Ninth Circuit · 2000
- 97 Cal. Daily Op. Serv. 7617, 97 Daily Journal D.A.R. 12,274 Niranjan Koirala, Individually and as Personal Representative for the Heirs of Santosh Koirala, Deceased Himanshu Koirala Bashkar Koirala the Estate of Thomas Hill Anne Guta the Estate of Kora Guta the Estate of Bo Guta the Estate of Magma Guta Shanti Rajlawat, Individually and as Personal Representative for the Heirs of Chandra Bahadur Rajlawat, Deceased Sandeep Rajlawat Shiva Rajlawat Anandi Ramachandran v. Thai Airways International, Ltd., Niranjan Koirala, Individually and as Personal Representative for the Heirs of Santosh Koirala, Deceased Himanshu Koirala Bashkar Koirala the Estate of Thomas Hill Anne Guta the Estate of Kora Guta the Estate of Bo Guta the Estate of Magma Guta Shanti Rajlawat, Individually and as Personal Representative for the Heirs of Chandra Bahadur Rajlawat, Deceased Sandeep Rajlawat Shiva Rajlawat Anandi Ramachandran v. Thai Airways International, Ltd.Court of Appeals for the Ninth Circuit · 1997