Victor J. Cordero v. Cia Mexicana De Aviacion, S.A., a Corporation

Victor Cordero appeals from the district court’s entry of judgment notwithstanding the verdict in a case brought against Mexi-cana Airlines for wrongful exclusion from a Mexicana flight. The jury found for Corde-ro and awarded him $1000 for loss of baggage, $1000 in general damages, and $35,-000 in punitive damages. The district court, 512 F.Supp. 205 , granted Mexicana’s motion for judgment notwithstanding the verdict on the general and punitive damages awards. We reverse the judgment denying general damages and reinstate the jury award. We affirm the judgment denying punitive damages, however, since the evidence adduced at trial does not support such an award.

FACTS

Cordero boarded a regularly scheduled non-stop Mexicana flight from Los Angeles to Mexico City. There was a long delay on the ground in Los Angeles and, once en route, the pilot announced an unscheduled stop in Mazatlan to pick up additional passengers. Several passengers, disgruntled about the delay in Los Angeles, became visibly upset upon learning of the impending stop in Mazatlan. One passenger, sitting near Cordero, became loud and directed insults at the pilot. The pilot came out of the cockpit and warned the…