Husain v. Olympic Airways

316 F.3d 829 Rubina HUSAIN, individually and as personal representative of the estate of; Abid M. Hanson, M.D.; Hannah Husain; Sarah Husain; Isaac Husain, by and through their Guardian ad Litem, Rubina Husain, Plaintiffs-Appellees, v. OLYMPIC AIRWAYS, Defendant-Appellant. No. 00-14509. United States Court of Appeals, Ninth Circuit. Argued and Submitted February 12, 2002. Filed December 12, 2002. 1 COPYRIGHT MATERIAL OMITTED Susie Injijian, Sterns and Walker, Oakland, CA, for the plaintiff-appellee. 2 Andrew J. Harakas, Condon and Forsyth, New York, NY, for the defendant-appellant. 3 Appeal from the United States District Court for the Northern District of California; Charles R. Breyer, District Judge, Presiding D.C. No. CV-99-01400-CRB. 4 Before REINHARDT and FISHER, Circuit Judges, and MOLLOY, District Judge. * OPINION MOLLOY, District Judge: I. Introduction 5 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…