Damon

MEMORANDUM **

Plaintiff John Damon appeals the district court’s grant of summary judgment to defendants Air Pacific Ltd. and Quantas Airlines Limited. We affirm.

Damon 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. Damon 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.

Damon next argues that the airlines should be liable under the Warsaw Convention because their 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 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…