Vinnick

This case presents an issue concerning federal preemption of state negligence claims against airlines. More specifically, the claim at issue alleges injury related to the storage of baggage in an overhead bin. Similar questions have been litigated throughout the country, with various results. There is, for instance, a 21-page American Law Reports note entitled Liability of Air Carrier for Injury to Passenger Caused by Fall of Object from Overhead Baggage Compartment. (Annot. (1995) 32 A.L.R.5th 1 ; see also Kelly, Federalism in Flight: Preemption Doctrine and Air Crash Litigation (2000) 28 Transp. LJ. 107.) After a review of the relevant statutes and case law, we conclude that the plaintiff and appellant here, Arlene Vinnick, can proceed on her negligence claim against respondent Delta Airlines, Inc. The judgment is thus reversed.

Facts

Vinnick boarded a Delta plane about 6:30 a.m. She took her seat, an aisle seat. She fell asleep, but woke when another passenger’s soft-sided luggage hit her on the head. She sued Delta and the other passenger, Karen Ballard, for negligence, alleging that they “negligently placed, stored and stowed and allowed to be placed, stored and…