Rodriguez
Rodriguez v. Ansett Australia Ltd.
Opinion
Lead Opinion
Tashima, J.
We are called upon once again to construe the meaning of the term “accident,” as it is used in the Convention for the Unification of Certain Rules Relating to International Transportation by Air, Oct. 12,1929, 49 Stat. 3000 , T.S. No. 876 (1934), reprinted in note following 49 U.S.C. § 40105 (the ‘Warsaw Convention” or the “Convention”). We hold that neither the plaintiffs development of deep vein thrombosis (“DVT”) nor the airline’s failure in this case to warn of the risks of developing DVT during air travel constitutes an accident for purposes of the Warsaw Convention. 1 We therefore affirm the order of the district court granting summary judgment in favor of the defendants (collectively “Air New Zealand”). We have jurisdiction pursuant to 28 U.S.C. § 1291 .
BACKGROUND
On September 30, 2000, Adriene Rodriguez was a passenger aboard an Air New Zealand flight from Los Angeles to Melbourne, Australia, with a layover in Auckland, New Zealand. Rodriguez slept for the duration of the twelve-hour flight; she did not eat or leave her seat during the flight to Auckland.
When the plane arrived in Auckland, Rodriguez began to walk toward the exit of the aircraft. She began to feel…