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Torts Keyed to Franklin
Andrews v. United Airlines, Inc.
Citation:
United States of Appeals, Ninth Circuit, 1994. 24 F.3d 39.Facts
Plaintiff, Billie Jean Andrews was hit with a briefcase that fell from the defendants, United Airlines, a common carrier’s overhead compartment. Ms. Andrews sued in district court arguing that her injury was foreseeable and the airline did not prevent it. At trial, Ms. Andrew’s brought two witnesses. The first witness, Janice Northcott worked for United Airlines safety stated that they had received 135 reports of items falling from overhead bins. The second witness, Dr. Thompson a safety and human factors expert, testified that the defendant’s(United) were not giving helpful warnings about the overhead bins. Dr. Thompson argued further the defendant, United Airline’s could also place a net in front of the overhead bin or ensure that only light luggage goes up there. Ms. Andrews lost the trial on a summary judgment and the Ninth Circuit is hearing the case de novo.
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