Liaw

INTRODUCTION

17 In this action arising under the Montreal Convention, both parties move for summary 18 judgment and to exclude evidence. In order to collect emotional distress damages under the 19 Montreal Convention, plaintiff must prove bodily injury as a predicate, a showing he fails to 20 make. To the extent stated below, therefore, defendant’s motions are GRANTED and plaintiff’s 21 motions are DENIED. 22

STATEMENT

23 Due to a crack in an outer layer of a cockpit windshield, an airliner made an 24 unscheduled descent and landing. All were delayed but no one claimed injury save and except 25 for plaintiff Theodore Liaw, who allegedly suffered back injury and terrifying distress as the 26 plane descended. Now follow the details. 27 28 1 Liaw is the CEO of NexRep. He is a frequent flyer and a United Million Miler. In the 2 five weeks prior to the subject flight, Liaw had been on twenty-five different flights. He got 3 into a scooter accident about six months before the subject flight, where he went over a pothole 4 and landed with his left hand outstretched (Dkt. Nos. 49-3 at 225:15–17, 267:15–269:7; 50-1 at 5 10; 54-2 at 3). 6 On October 27, 2018, Liaw…