Blotteaux

Blotteaux v. Qantas Airways Ltd.

Good Law
171 F. App'x 566
United States Court of Appeals for the Ninth CircuitMarch 1, 2006No. 03-56837; D.C. No. CV-03-000927 JFWCalifornia1,295 words

Opinion

Lead Opinion

MEMORANDUM ***

Edward A. Blotteaux (“Blotteaux”) appeals the district court’s grant of sum *568 mary judgment in favor of Qantas Airways Limited (“Qantas”) on grounds that Blotteaux’s development of Deep Vein Thrombosis (“DVT”) fails to qualify as an accident compensable under the terms of Article 17 of the Warsaw Convention. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the district court’s judgment.

A grant of summary judgment is reviewed de novo. Ocean Advocates v. U.S. Army Corps of Eng’rs, 402 F.3d 846 , 858 (9th Cir.2005). Interpretation of the Warsaw Convention, a multilateral treaty governing the liability of air carriers engaged in international transportation, is a question of law also subject to de novo review. Hosaka v. United Airlines, Inc., 305 F.3d 989, 993 (9th Cir.2002), cert. denied, 537 U.S. 1227 , 123 S.Ct. 1284 , 154 L.Ed.2d 1089 (2003).

On or about September 26, 2001, Blotteaux developed DVT, a condition in which blood clotting forms in the deep veins of the legs, while seated in business class aboard an international flight operated by Qantas between Australia and the United States. It is undisputed that the flight in question was…

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