Husain

AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW

On an international passenger flight in January 1998, Dr. Abid M. Hanson, a nonsmoker who suffered from asthma, inhaled a significant amount of second-hand smoke and died in the company of his wife and three children. Dr. Hanson was not seated in the “smoking” section of the airplane on which he died, but in a seat three rows ahead. Considerable ambient smoke was present at this location. Had Olympic Airways’ flight crew responded appropriately to the repeated requests to move Dr. Hanson from this area, he might be alive today.

Plaintiffs Rubina, Hannah, Sarah and Isaac Husain bring this wrongful death action under the liability provisions of the Warsaw Convention. The parties agree that the Warsaw Convention presents plaintiffs’ exclusive remedy. Therefore, to determine liability in this case, the Court must decide whether plaintiffs’ claim satisfies the requirements of that treaty. Spe-ciflcally, the Court must decide: (1) whether an “accident” occurred aboard Olympic Airways Flight 417 on January 4, 1998; (2) whether that accident caused the death of Abid Hanson; (3) whether the crew’s inflight actions constituted “willful…