Guy Caman, an Individual v. Continental Airlines, Inc.

This action is brought pursuant to Article 17 of the Convention for the Unification of Certain Rules Relating to International Transportation by Air, Oct. 12, 1929, art. 17, 49 Stat. 3000 , T.S. No. 876 (1934), reprinted in note following 49 U.S.C. § 40105 (“Warsaw Convention” or “Convention”). The parties agree, and we concur, that this action is governed exclusively by the Warsaw Convention. The scope of our review is limited to whether appellant Guy Caman (“Caman”) can establish liability against appellee Continental Airlines (“Continental”) under the Convention. We hold that the district court properly granted summary judgment in favor of Continental on the ground that Continental’s failure to warn Caman of the possibility of developing Deep Vein Thrombosis (“DVT”) during the course of an international flight does not constitute an “accident” under the Warsaw Convention. Accordingly, we affirm.

BACKGROUND

Caman alleges that he developed DVT while on board an international flight operated by Continental. Caman’s axial argument is that Continental’s failure to advise him of the risk of DVT, which can result from immobility, dehydration and being cramped in a small pitch seat…