Wallman
Wallman v. Tower Air, Inc.
Opinion
lead Opinion
Larson, J.
ORDER COMPELLING DISCLOSURE OF PASSENGER LIST SUBJECT TO PROTECTIVE ORDER
INTRODUCTION
The parties filed a joint request for a ruling by the court on Plaintiffs request that Defendant provide a list of all passengers on Tower Air Flight 23 from New York to San Francisco on January 17, 1999. The district court (Hon. Martin J. Jenkins) referred the matter for decision by a magistrate judge. The matter was heard by the undersigned on September 22, 1999. Timothy P. Rumberger and Scott Edward Cole appeared for Plaintiff Keira Wallman (“Plaintiff’). Alan J. Zacharin appeared for Defendant Tower Air, Inc. (“Defendant”).
BACKGROUND
According to the Complaint, on January 17, 1999, Plaintiff was a passenger on Tower Air Flight 23, from New York to San Francisco. The plane was delayed at Kennedy Airport while a crew attempted to repair the engine on the Boeing 747 which was to carry Plaintiff and other passengers to San Francisco. They were all eventually moved to another aircraft, which took off four hours late.
About fifteen minutes after take-off, passengers observed a brilliant red flash to the left of the plane, near the engine. The plane lurched violently to the left. Some of the…