Cortez

MEMORANDUM **

Plaintiff Tracey Faye Cortez appeals the district court’s grant of summary judgment to defendant Air New Zealand Limited (USA). We affirm.

Cortez first argues that this court wrongly decided Rodriguez v. Air New Zealand, 383 F.3d 914 , 916-19 (9th Cir. 2004), which held that the development of deep vein thrombosis (“DVT”) was not an “accident” as that term is used in Article 17 of the Warsaw Convention. Cortez contends Rodriguez is inconsistent with the Supreme Court’s decision in Olympic Airways v. Husain, 540 U.S. 644 , 124 S.Ct. 1221 , 157 L.Ed.2d 1146 (2004). In Rodriguez, however, we fully considered and distinguished Husain, 383 F.3d at 918, and, moreover, as a three-judge panel, we lack the authority to disregard Rodriguez.

Cortez next argues that the airline should be liable under the Warsaw Convention because its failure to warn of the risk of DVT is an “accident,” that is, an “unexpected or unusual event.” See Air France v. Saks, 470 U.S. 392, 405-06 , 105 *33 S.Ct. 1338 , 84 L.Ed.2d 289 (1985). We recently rejected this argument in Caman v. Continental Airlines, 455 F.3d 1087 (9th Cir.2006). In Caman , we explained the difference between the “accident”…