Costa
Costa v. American Airlines, Inc.
Opinion
Opinion
Taylor, J.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
This case considers whether, under the Ninth Circuit’s recent Harris opinion, an airline passenger’s state law bodily injury claim is preempted by the Airline Deregulation Act.
Donna Costa sued American Airlines under California tort law for injuries she sustained when another unidentified passenger opened an overhead bin, causing a bag to fall on her as she sat in an aisle seat. Costa alleged American violated its duty of care as a common carrier in several respects, including failure of its flight attendants to stop or identify the other passenger, American’s routine destruction of the passenger list shortly after the flight, and the airline’s refusal to honor Costa’s request for a window seat.
American contends Costa’s claims are preempted by the Airline Deregulation Act. Harris v. American Airlines, Inc., 55 F.3d 1472 (9th Cir.1995). Under the compulsion of Harris , the court concludes Costa’s claims are preempted, and therefore GRANTS American’s motion for summary judgment.
49 U.S.C. § 41713 . The question in this ease is whether the acts and omissions complained of are related to “services” within the meaning of the…