Edna M. Suarez v. Trans World Airlines, Inc.

I cannot agree with the majority that the defendant was obligated, under the law of Illinois, to exercise the highest degree of care in its ticket-selling operations at O’Hare Field. However, even if the district court erred regarding the standard of care, under the circumstances that error was harmless. In addition, I believe that the record justified a contibutory negligence instruction. For these reasons, I respectfully dissent.

The majority bases its holding that the plaintiff was entitled to the highest degree of care on a determination that *618she was a passenger at the time of her…