Commercial Airline Did Not Operate Aircraft in Careless or Reckless Manner When Passenger Struck in Head by Luggage

Passengers in various jurisdictions have filed lawsuits after being struck by luggage that fell either out of overhead bins on aircraft and/or other passenger lines. The defendants in many of these actions have filed summary judgment motions. One recent case in which a defendant was granted summary judgment after being sued by a passenger who was struck and injured by falling luggage on an airplane is O’Manski v. U.S. Airways Group, Inc., 620 F. Supp. 2d 725 (2009).

Plaintiff, a passenger on defendant’s airplane, boarded the aircraft and thereafter stayed seated in her aisle seat towards the rear of the jet, at no time looking inside the overhead compartment above her seat or place any of her belongings in it. Other passengers subsequently placed items in that overhead compartment, with no difficulties, and the compartment was shut. Defendant airline flight attendants did not handle the items placed in the overhead compartment. One of the passengers later stood up to rearrange his jacket, which was inside the compartment. But upon his opening the latch, the bag placed in the compartment fell and struck plaintiff’s head. Plaintiff estimated that the bag was 20 inches long but admitted that she never handled it and could not determine its weight. She conceded that the aircraft had not disembarked from the gate at the time of her injury. Plaintiff alleged that as a result of the bag striking her in the head, she sustained serious painful and permanent injuries to various parts of her body.

The airline moved for summary judgment. The U.S. District Court for the Eastern District of Pennsylvania held that as federal law preempts state law in the area of airline safety, plaintiff could only survive summary judgment if she presented a claim under federal law. The court found that plaintiff failed to allege that defendant violated a federal standard of care.

Plaintiff’s complaint merely alleged that the aircraft was operated and maintained in a reckless and careless manner so as to prevent danger through risk of injury to plaintiff and made vague reference to Federal Aviation Administration (FAA) laws and regulations. The court found such a general reference to be insufficient to establish a violation of the federal standard of care. The court found that plaintiff failed to: (1) produce evidence that the flight attendants checked or should have checked the overhead compartments prior to her injury; (2) show whether the items stowed in the overhead compartments were inappropriate or inconsistent with the intended use; or (3) show evidence on the record that the subject suitcase was oversized, too heavy or otherwise inappropriate. Overall, the court held, plaintiff failed to allege any genuine issue of material fact sufficient to demonstrate that defendant acted in a careless or reckless manner as defined by the FAA. As a matter of law, plaintiff presented no evidence to establish that defendant breached an identifiable federal standard of care and defendant’s motion for summary judgment was granted.