Melissa Suzette Arzu, Individually and as Administrator of the Estate of Kevin Greenidge v. American Airlines, Incorporated

Article 17 of the Montreal Convention imposes liability on a carrier for the death or bodily injury of a passenger caused by an “accident” on an international flight. In Air France v. Saks, this Court defined “accident” as “an unexpected or unusual event or happening that is external to the passenger,” and instructed that this definition “should be flexibly applied after assessment of all the circumstances surrounding a passenger’s injuries.” 470 U.S. 392, 405 (1985). In Olympic Airways v. Husain, the Court applied this definition to a flight crew’s deficient response to a passenger’s fatal inflight medical emergency. 540 U.S. 644 (2004). In the decision below, the Fifth Circuit held that a flight crew’s response to a passenger’s fatal inflight medical emergency cannot be an Article 17 “accident” unless the plaintiff proves both “unusual circumstances” and the crew’s “willing inaction.” App. 9a. The questions presented are:

1. Whether a passenger seeking recovery under Article 17 of the Montreal Convention for injuries arising from a flight crew’s response to an inflight medical emergency must prove the crew’s “willing inaction.”

2. Whether the Montreal Convention preempts a state law breach of contract claim seeking to enforce a provision in a carrier’s conditions of carriage to make a mandatory advance payment upon a passenger’s death.