Meinhold

Order Denying Defendant Trans World Airlines, Inc.’s Motion for Summary Judgment

Defendant Trans World Airlines, Inc.’s motion for summary judgment came before the Court on November 18, 1996. After reviewing and considering the materials submitted by the parties and hearing oral argument, the Court denies the defendant’s motion.

I. Introduction

Plaintiff Wendy Meinhold was a passenger traveling from Newark, New Jersey to Ontario, California on board an airplane owned and operated by defendant Trans World Airlines, Inc. (“TWA”). Prior to landing in St. Louis, Missouri (an intermediate stop), a flight attendant opened an overhead bin above Meinhold’s seat, allegedly causing Meinhold’s lap-top computer to fall out of the bin and strike her on the head.

Meinhold filed an action alleging negligence. Her husband, William Meinhold, filed a derivative action for loss of consortium. Meinhold filed her action in state court; TWA removed the case to federal court.

TWA now moves for summary judgment based on its assertion that the Airline Deregulation Act of 1978 preempts the Meinholds’ claims.

II. Discussion

Prior to the enactment of the Airline Deregulation Act of 1978 (“ADA”), the…