Ariza

Ariza v. Concesionaria Vuela Compania de Aviacion S.A.P.I. de C.V.

Good Law
United States District Court, Northern District of CaliforniaSeptember 10, 20243:22-cv-04156California695 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.