Olympic Airways v. Rubina Husain, Individually and As Personal Representative of the Estate of Abid M. Hanson, Deceased, et al. (540 U.S. 644)
U.S. Supreme Court · decided February 24, 2004 · Supreme Court Database (Spaeth)
- Citation
- 540 U.S. 644 · 124 S. Ct. 1221
- Decided
- February 24, 2004
- Term
- October Term 2003
- Vote
- 6–2
- Majority author
- Justice Thomas
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
Justice Thomas delivered the opinion of the Court. Article 17 of the Warsaw Convention (Convention) imposes liability on an air carrier for a passenger’s death or bodily injury caused by an “accident” that occurred in connection with an international flight. In Air France v. Saks, 470 U. S. 392 (1985), the Court explained that the term “accident” in the Convention refers to an “unexpected or unusual event or happening that is external to the passenger,” and not to “the passenger’s own internal reaction to the usual, normal, and expected operation of the aircraft.” Id., at 405, 406. The issue we must decide is whether the “accident” condition precedent to air carrier liability under Article 17 is satisfied when the carrier’s unusual and unexpected refusal to assist a passenger is a link in a chain of causation resulting in a passenger’s pre-existing medical condition being aggravated by exposure to a normal condition in the aircraft cabin. We conclude that it is. I The following facts are taken from the District Court’s findings, which, being unchallenged by either party, we accept as true. In December 1997, Dr. Abid Hanson and his wife, Rubina Husain (hereinafter respondent), traveled with their children and another family from San Francisco to Athens and Cairo for a family vacation. During a stopover in New York, Dr. Hanson learned for the first time that petitioner allowed…
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