Phifer

Andrew N. Chang and Stuart B. Esner, Esner & Chang, Glendale, CA; Richard C. Devirian, Torrance, CA, for the appellant.

Michael A. Hession, Kevin R. Sutherland, and Nicholas S. Lieberknecht, Clyde & Co, San Francisco, CA, for the appellee.

Before: PAMELA ANN RYMER and JAY S. BYBEE, Circuit Judges, and GORDON J. QUIST, Senior District Judge. [*]

BYBEE, Circuit Judge:

Today we clarify that a plaintiff does not have to prove that an airline violated an Federal Aviation Administration ("FAA") standard to establish that there was an "accident" under Article 17 of the Convention of the Unification of Certain Rules Relating to International Transportation by Air ("Montreal Convention"). Because the district court held otherwise, requiring the plaintiff to provide evidence the airline had failed to meet FAA requirements in order to survive summary judgment, we reverse and remand.

After entering her assigned row on Icelandair Flight No. 656, Appellant Elin Phifer bent over, placed two carry-on bags under the seat in front of hers, stood up, and struck her head on an overhead television monitor, which was extended in the down position. Phifer collapsed and was assisted to her seat by…