Legal Opinion
Magan v. Lufthansa German Airlines
District Court, S.D. New York
Decided January 17, 2002No. 00 Civ. 5788(NRB)PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
BUCHWALD, District Judge.
Plaintiff John J. Magan brings suit against defendant Lufthansa German Airlines (“Lufthansa”) for damages arising out of an incident aboard a Lufthansa jet bound from Munich, Germany, to Sofia, Bulgaria. Lufthansa moves for summary judgment on the grounds that the incident did not constitute an “accident” within the meaning of Article 17 of the Warsaw Convention. For the reasons that follow, the motion is granted.
BACKGROUND
On March 27, 1999, Mr. Magan was aboard Lufthansa flight # 5318 from Munich to Sofia on a British Aerospace Avro 146, an…
2Cases cited16 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Delaware & Hudson Railway Company v. Consolidated Rail CorporationCourt of Appeals for the Second Circuit · 1990
- 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
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3Cited by3 opinions
- John J. Magan v. Lufthansa German AirlinesCourt of Appeals for the Second Circuit · 2003
- Brunk v. British Airways PLC.District Court, District of Columbia · 2002
- Blansett v. Continental Airlines, Inc.District Court, S.D. Texas · 2002