Dorothy T. Coughlin v. Trans World Airlines, Inc.

Mrs. Coughlin’s baggage, which contained the cremated remains of her husband, was lost by Trans World Airlines (TWA). She sued TWA for $78,000, an amount exceeding the baggage liability limitation printed on her ticket, on the theory that the ticket agent’s negligence in misinforming her that she was required to check the package containing the remains with her luggage — rather than carrying it with her on the plane as she wished — voided the liability limitation. TWA moved for partial summary judgment on the issue whether the liability limitation was valid notwithstanding the airline’s negligence. The district court granted the motion. After a subsequent bench trial the court awarded Mrs. Coughlin $1,250, TWA’s maximum liability under its tariff for the loss of baggage, less an amount already paid Mrs. Coughlin. Mrs. Coughlin appeals. We reverse.

An air carrier may __ limit its liability for loss or destruction of luggage, provided the carrier allows the passenger to protect her luggage by either carrying it on board or purchasing excess valuation insurance. See Deiro v. American Airlines, Inc., 816 F.2d 1360, 1365 (9th Cir.1987); Klicker v. Northwest Airlines, Inc., 563 F.2d…