Romano

Daniel Romano sued American Trans Air (and others who are not parties to this appeal) to recover damages after he was battered by another passenger while on a flight from Los Angeles to Hawaii. American Trans Air demurred, contending Romano’s claims were preempted by the Airline Deregulation Act of 1978 (the ADA, 49 U.S.C. § 41713 (b)(1)). The demurrer was sustained without leave to amend, and Romano appeals from the judgment of dismissal thereafter entered. We reverse, concluding that the ADA does not so completely preempt the field of airline regulation as to preclude a personal injury action for damages suffered as the result of a flight attendant’s failure to restrain one passenger from attacking another passenger.

Discussion

I.

Prior to 1978, the Federal Aviation Act of 1958 (FAA) gave the Civil Aeronautics Board (CAB) authority to regulate interstate air fares and to take administrative action against certain deceptive trade practices. It did not, however, expressly preempt state regulation; to the contrary, it contained a savings clause ( 49 U.S.C. § 1506 ) making it clear that its provisions were in addition to the remedies then existing at common law and by…