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Remedies Keyed to Kovacic-Fleischer, 8th
Dooley v. Korean Air Lines Co.
Citation:
524 U.S. 116, 118 S.Ct. 1890, 141 L.Ed.2d 102, 1998 AMC 1940 (1998)Facts
On September 1, 1983, Korean Air Lines Flight KE007, traveling from Anchorage, Alaska, to Seoul, South Korea, strayed into Soviet airspace and was shot down over the Sea of Japan, resulting in the deaths of all 269 people aboard. Petitioners, personal representatives of three passengers, brought lawsuits against Korean Air Lines in federal district court. After trial, a jury found Korean Air Lines committed willful misconduct, removing the Warsaw Convention’s damages cap, and awarded fifty million dollars in punitive damages. The Court of Appeals upheld the willful misconduct finding but vacated the punitive damages. Petitioners sought to recover damages for their decedents’ pre-death pain and suffering, arguing that while DOHSA does not authorize such recovery, general maritime law provides a survival action permitting such damages.
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