Miller v. Continental Airlines, Inc.

ORDER

In the above captioned cases, plaintiffs bring personal injury claims against three airlines and an airplane manufacturer for damages arising from deep vein thrombosis (DVT) caused by defendants’ seating configuration on international flights.

Presently before the court are the airline defendants’ motions to dismiss plaintiffs’ complaints with prejudice (02-1693: Doc # 11; 02-2997: Doc # 8). With the exception of the spousal claims in Miller, the claims raised by each of the passenger plaintiffs are identical and based on identical material allegations, a circumstance likely resulting from the prosecution of both cases by the same counsel. The amended complaints at issue in the pending motions were even filed within a day of each other. As a result, the court finds it appropriate to consider and address within this single order the legal sufficiency of claims against the airline defendants in both the third amended complaint in Miller et al v. Continental Airlines et al, Case No 02-1693-VRW, and the second amended complaint in Wylie v. American Airlines Inc et al, Case No 02-2993-VRW. For the reasons set forth below, the court GRANTS in part and DENIES in part defendants’…