Richard C. Marotte, Sr. v. American Airlines, Inc.

MAGILL, Circuit Judge:

Richard C. Marotte, Sr., and Olympia Marotte, husband and wife, appeal the district court’s adverse grant of summary judgment in favor of American Airlines. See Marotte v. Am. Airlines, Inc., 159 F.Supp.2d 1374 (S.D.Fla.2001). This case arises out of an incident that occurred in the Miami Airport on the final leg of the Marottes’s international flight from New York to the Bahamas. The issue presented on appeal is one of first impression in this circuit. Our jurisdiction is proper pursuant to 28 U.S.C. § 1291. For the reasons stated below, we affirm.

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