Caman

BACKGROUND

Caman alleges that he developed DVT while on board an international flight operated by Continental. Caman’s axial argument is that Continental’s failure to advise him of the risk of DVT, which can result from immobility, dehydration and being cramped in a small pitch seat over the course of an international flight, constitutes an “accident” for purposes of establishing liability under the Warsaw Convention.

The following facts are uncontested. On May 28, 2002, Caman departed from Los Angeles, California, on a flight bound for Paris, France. The flight was uneventful with no equipment malfunction or other anomaly occurring. Caman did not receive any warning regarding the potential hazard of developing DVT on his international flight. During the course of his air travel, up to and including his disembarkation from the aircraft, Caman did not request any assistance or other accommodation from Continental personnel. Upon his arrival 1 A passenger whose injury is not compensable under the Warsaw Con- vention because it entails no “bodily injury” or was not the result of an “accident” will have no recourse to an alternate remedy. El Al Isr. Airlines v. Tseng, 525 U.S. 155,…