Day v. Trans World Airlines, Inc.
Court of Appeals for the Second Circuit
1Opinion of the Court
IRVING R. KAUFMAN, Chief Judge:
On August 5, 1973, at Hellenikon Airport in Athens, Greece, two Palestinian terrorists hurled three grenades and unleashed a salvo of small-arms fire into a line of passengers preparing to board TWA Flight 881 to New York. Three people died and more than forty others were injured by this senseless act of violence.
The Warsaw Convention,1 as modified by the Montreal Agreement,2 provides, among other things, that an airline is absolutely liable,3 to the extent of a maximum $75,000, for bodily injury sustained “in the course of any of the operations of embarking.”4…
2Cases cited13 opinions
- Missouri v. HollandSupreme Court of the United States · 1920
- Factor v. LaubenheimerSupreme Court of the United States · 1933
- Cook v. United StatesSupreme Court of the United States · 1933
- Maximov v. United StatesSupreme Court of the United States · 1963
- Union Oil Company v. James J. Oppen and John J. MastersonCourt of Appeals for the Ninth Circuit · 1974
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3Cited by96 opinions
- McCarthy v. Northwest Airlines, Inc.Court of Appeals for the First Circuit · 1995
- Air France v. SaksSupreme Court of the United States · 1985
- Kruger v. Virgin Atlantic Airways, Ltd.District Court, E.D. New York · 2013
- Trans World Airlines, Inc. v. Franklin Mint Corp.Supreme Court of the United States · 1984
- Christine K. Schroeder v. Lufthansa German AirlinesCourt of Appeals for the Seventh Circuit · 1989
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