Kwon

FINDINGS OF FACT AND CONCLUSIONS OF LAW

In this action, plaintiff Jang Sool Kwon seeks damages from defendant Singapore Airlines for injuries Dr. Kwon allegedly received during the boarding process for Singapore Airlines flight number SQ0015 in San Francisco, California. The parties agree that this action is exclusively governed by the Warsaw Convention.

This case was bifurcated for trial. Trial of all liability issues, including defenses to liability, commenced on July 28, 2003. Having considered and weighed all the evidence and having assessed the credibility of the witnesses, I now make these findings of fact and conclusions of law as required by Federal Rule of Civil Procedure 52(a).

On April 28, 2001, after purchasing an airline ticket in California, Dr. Kwon boarded flight number SQ0015 in San Francisco, California to. travel to Korea. The plane was a A340-300E Celestar. Dr. Kwon’s assigned seat, 59D, was in the economy class section in the rear of the aircraft. The economy section of the plane had two aisles, with two seats on each side of the plane and three seats in the middle of the plane.

There were six flight attendants, including Mr. Colin Kam, the chief steward,…