Ariza
Ariza v. Concesionaria Vuela Compania de Aviacion S.A.P.I. de C.V.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
UBALDO ARIZA, et al., Case No. 22-cv-04156-VC
Plaintiffs, ORDER DENYING VOLARIS'S v. MOTION FOR SUMMARY
JUDGMENT
CONCESIONARIA VUELA COMPANIA
DE AVIACION S.A.P.I. DE C.V., Re: Dkt. Nos. 45, 46 Defendant.
The motion for summary judgment is denied. This order assumes the reader’s familiarity with the facts, governing legal standards, and arguments made by the parties. The parties agree on the basic facts that underlie this dispute. Castro initiated an unprovoked physical altercation with Ariza during which a flight attendant tried to separate them by placing his hands on both of their chests. Ariza then lost his balance and tore his ACL. During that fight, Ariza’s wife Garcia tried to hold back Castro from attacking her husband and sustained a cervical strain. Volaris is only liable for bodily injuries sustained on an international flight if an “accident” caused those injuries under the Montreal Convention. An “accident” is “an unexpected or unusual event or happening that is external to the passenger.” Air France v. Saks, 470 U.S. 392, 405 (1985). It’s obvious that the…