Ducombs

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

ISSUE

Trans World Airlines’ (“TWA” or “defendant”) motion for summary judgment requires the Court to determine whether plaintiff Katherine Ducombs’ (“plaintiff’) negligence complaint is preempted under the Federal Aviation Authority Authorization Act (“FAAAA”), 49 U.S.C. § 41713 (b). For the reasons set forth below, the Court finds that plaintiffs claims are not preempted and denies defendant’s motion for summary judgment.

BACKGROUND

Plaintiff was a passenger aboard TWA flight 79 from Newark, New Jersey to St. Louis, Missouri on June 15, 1994. As the passengers were exiting and removing their carry-on items from the overhead compartment, a lap-top computer that was stored in the overhead compartment fell and struck plaintiffs head, causing her serious injury.

Plaintiff filed suit against defendant alleging the following: (1) that defendant negligently operated and maintained TWA Flight No. 79 when it permitted a lap-top computer to be placed in the overhead compartment; and (2) that defendant was negligent in failing to take reasonable precautions to warn or protect plaintiff from a known, dangerous condition created by…