Koirala

On July 31, 1992, Thai Airways International (“Thai Airways”) Flight TG-311 crashed into a mountainside while attempting to land at Tribhuvan International Airport in Kathmandu, Nepal, killing all 113 people aboard. In this case, we examine whether the crash was the result of “wilful misconduct” on the part of the flight crew, lifting the Warsaw Convention’s $75,000 cap on damages for personal injury. We agree with the district court that it was.

I

Flight TG-311 was a regularly scheduled flight from Bangkok, Thailand to Kathmandu, Nepal. Tribhuvan International Airport in Kathmandu has the reputation of being one of the most difficult airports in the world in which to land. It is situated in a valley surrounded by very high mountains, requiring a steep approach to land and the full extension of the wing flaps during the entire descent. Kathmandu air traffic control has no radar. Instead, air traffic controllers determine aircraft location and provide instructions to aircraft using air-to-ground and ground-to-air radio communications. Flight TG-311 Captain Preeda Suttimai and First Officer Phunthat Boonyayej (collectively “the flight crew” or “the crew”) were properly licensed…