Court trims passengers’ claims in case alleging hard landing injuries

Callahan v. United Airlines, Inc. (W.D. Okla. Sept. 28, 2017).  In their amended complaint, the passengers/plaintiffs alleged that the hard landing of their flight from Cancun, Mexico, to Houston caused permanent injuries to plaintiff Sylvia Callahan’s spine.  The other plaintiff, Ms. Callahan’s husband, did not allege any physical injuries from the landing.  The plaintiffs advanced causes of action against United for negligence, gross negligence, negligent infliction of emotional distress, intentional infliction of emotional distress and breach of contract, as well as for liability under the Montreal Convention.  Mr. Callahan also advanced a loss of consortium cause of action. In its motion to dismiss, United argued that, because Ms. Callahan’s alleged physical injuries occurred while she was on board an aircraft during “international carriage” within the meaning of Article 1(2) of the Montreal Convention, and that Mr.…

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