Cordero

OPINION AND ORDER

The plaintiff booked passage on defendant’s direct flight No. 905 on May 27, 1979, from Los Angeles to Mexico City. After departure the flight was diverted to Mazatlan to pick up people who had been stranded there, and the through passengers were required to disembark and go through Mexican immigration. Plaintiff was not permitted to reboard and brings this action for actual and punitive damages. The issues were submitted to the jury, which decided them in favor of the plaintiff and awarded damages as follows:

Motions for a directed verdict were made at the close of plaintiff’s case and at the close of all of the evidence, both of which were denied. The court now grants judgment notwithstanding the verdict as to general and punitive damages.

Flight 905 was late out of Los Angeles. In flight, irritation at the delay was expressed by the passengers. Alcoholic drinks were served to the passengers, including plaintiff, who had also imbibed at the lounge in Los Angeles while awaiting the flight. When it was announced that Flight 905 would be diverted to Mazatlan, the irritation increased, and one passenger, identified as “Garcia,” became extremely vocal and called…