FISHMAN BY FISHMAN v. Delta Air Lines, Inc.

MEMORANDUM OPINION AND ORDER

CEDARBAUM, District Judge.

This action arises out of an incident aboard a Delta Airlines, Inc. flight from Tel Aviv to New York City in which a flight attendant spilled scalding water on Penina Fishman, a minor. Two issues are presented on this motion: (1) whether the injuries alleged were caused by an “accident” within the meaning of the Warsaw Convention, thus preempting claims asserted under state law; and (2) whether the time limitation for bringing a suit under the Warsaw Convention should be tolled during Penina’s infancy.

On Penina’s behalf, her mother,…