Husain

Husain v. Olympic Airways

Bad Law
316 F.3d 829
United States Court of Appeals for the Ninth CircuitDecember 12, 2002No. 00-14509California5,426 words

Opinion

Lead Opinion

Molloy, J.

I. Introduction

After a non-jury trial, the district court determined that Dr. Abid M. Hanson’s death on Olympic Airways (“Olympic”) Flight 417 was caused by an accident as defined by Article 17 of the Warsaw Convention. The trial judge also found the accident resulted from willful misconduct by Olympic’s employees. The district court awarded $1,400,000 in damages. Olympic appeals the determinations of the district court and the award of damages. We hold that the district court’s findings are not clearly erroneous and we AFFIRM.

II. Factual and Procedural Background

A. Overview

On January 4, 1998, 52 year-old Dr. Abid M. Hanson died while a passenger on Olympic Flight 417 between Athens, Greece and New York City. His death occurred after he suffered complications when he was exposed to ambient secondhand smoke while seated in the airplane’s non-smoking section three rows in front of the smoking section. The plane had clearly demarcated sections for seating, one for smokers and one for non-smokers, though *832 no partition separated the two. Dr. Hanson’s wife, Rubina Husain, had asked Olympic’s employees on multiple occasions with increasing urgency to move Dr. Hanson…

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