Summers
Summers v. Delta Airlines, Inc.
Opinion
Opinion
Koh, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION DISMISS
Defendants Delta Air Lines, Inc. (“Delta”) and Mesaba Aviation, Inc. move to dismiss Plaintiff Bernice Summers’s Complaint on grounds of federal preemption and insufficient pleading. The Court heard oral argument on March 24, 2011. Having considered the submissions and arguments of the parties, the Court grants in part and denies in part Defendants’ motion to dismiss.
I. Background
On June 13, 2010, Plaintiff Bernice Summers flew to San Jose, California, to visit her daughter on Delta Flight 2163, allegedly operated by Mesaba. Compl. at 1, ¶¶ 13-14. Plaintiff is an 84-year-old woman who suffers from various physical limitations and therefore requires special assistance and the use of a wheelchair while entering and exiting an airplane. Compl. at 1. Prior to her trip to San Jose, Plaintiff arranged, with the help of her daughter, to have special assistance from Delta, including the use of a wheelchair to enter and exit the plane. Compl. ¶ 13.
On June 13, 2010, when Delta Flight 2163 landed in San Jose, the plane did not pull up directly to the gate, but instead passengers were required to disembark by walking…