Miceli

Procedural History

Mark and Andrea Miceli (collectively referred to as appellants) filed a complaint on August 9, 1994, for personal injuries sustained by Mark Miceli on October 28, 1993, when he was an international air passenger aboard a chartered MGM Grand Air, Inc. (hereinafter MGM) flight which hit turbulent weather between San Juan, Puerto Rico and Buenos Aires, Argentina. MGM filed its answer and filed a petition for removal to the United States District Court for the Central District of California. The district court thereafter remanded the action to the superior court upon motion by the appellants.

On May 19, 1995, MGM served and filed a motion for summary adjudication based upon its tenth affirmative defense that appellants’ damages were limited by the Warsaw Convention to $75,000. The motion was heard and argued on September 15, 1995, and on September 21, 1995, the trial court issued a minute order granting the motion. In October 1995 appellants filed a petition for writ of mandate (Miceli v. Superior Court (Oct. 25, 1995) B096355 [nonpub. opn.]) seeking review of the summary adjudication order by extraordinary writ. The petition was denied by this court.…