Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Dilldine v. American Airlines Inc.

United States District Court, S.D. Ohio, Western Division, Dayton

August 12, 2019

Andrew I. Dilldine, Plaintiff,
v.
American Airlines Inc., et al., Defendants.

          Magistrate Judge Sharon Ovington

         ENTRY AND ORDER ADOPTING IN PART, REVERSING IN PART REPORT AND RECOMMENDATIONS OF THE MAGISTRATE JUDGE. (ECF 25); PLAINTIFF'S OBJECTION TO THE REPORT AND RECOMMENDATION (ECF 28) IS DENIED; DEFENDANTS' OBJECTION TO THE REPORT AND RECOMMENDATION (ECF 29) IS SUSTAINED; THE COURT GRANTS DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (ECF 12).

          THOMAS M. ROSE, UNITED STATES DISTRICT JUDGE

         Pending before the Court are Plaintiff Andrew I. Dilldine's Objection (ECF 28) to Magistrate Judge Sharon L. Ovington's Report and Recommendations, (ECF 25), and Defendant American Airlines Inc. and PSA Airlines, Inc.'s Objection (ECF29) to the same. The Report and Recommendation, (ECF 25), would have the Court dismiss a negligence claim that Dilldine pleads, but allow a contract claim under the law of the state of Texas in which Dilldine seeks damages that would include personal injury damages and medical expenses. Dilldine objects to the recommendation that his negligence claim be dismissed; while Defendants object to the recommendation that Dilldine be allowed to pursue personal injury damages and medical damages stemming from a contract claim.

         Background

         Dilldine purchased a ticket for an American Airlines flight that departed on May 4, 2017 from Dayton International Airport and traveled to Charlotte Douglas International Airport in North Carolina. He boarded his flight with his “life sustaining assistive devices, specifically multiple sterile Total Parenteral Nutrition bags, and multiple vials of liquid vitamins and other medications [], all of which are medications essential to [his] ability to function and receive nourishment.” (ECF 2, PageID 30). While the Complaint does not identify Dilldine's medical problems, Defendants state that he “is a severely immunocompromised cancer patient who, at the time of his flight, had only recently been discharged from the hospital after a serious bout of pancreatitis.” (ECF 15, PageID 169).

         Dilldine stored his medication and ice packs in a clean cooler which he claims complied with the size and weight restrictions for carry-on items. His medication cooler was also secured in compliance with the procedures mandated by the Transportation Security Administration (TSA)-it was marked as “medical supplies” and had been inspected by TSA and taped shut. (ECF 2, PageID 30-31).

         When Dilldine reached the boarding gate, an American Airlines or PSA employee told him that his cooler would not fit in the aircraft's overhead compartments “and would have to be checked.” Id. at 31. Dilldine informed the employee that he was disabled and that his cooler contained life-sustaining assistive devices and needed to be kept clean and cold. Nevertheless, Dilldine followed the employee's instructions. The employee tagged his cooler, and he watched other American Airlines and PSA employees load the cooler onto the aircraft.

         Upon Dilldine's arrival in North Carolina, his cooler was empty. It had been “manually opened and/or unzipped, the tape removed, the plastic bags were missing.” Id. at 31. Most significantly, his “multiple bags and vials of Medication and ice packs were strewn throughout the baggage storage area of the aircraft, baggage cart, and/or on the unloading equipment, such that they were not maintained in a cold, sterile environment and were contaminated.” Id.

         The haphazard storage of the cooler and its contents-and the resulting contamination of Dilldine's medication-caused him to “sustain[ ] property damage and severe personal injuries, including a severe infection requiring hospitalization….” Id. He consequently “incurred medical expenses, physical pain, and mental anguish.” Id.

         Dilldine availed himself of an administrative remedy by filing a Complaint with the Department of Transportation under the Air Carrier Access Act. 49 U.S.C. § 41705. The parties do not inform the Court how that proceeding was resolved.

         On April 23, 2018, Dilldine filed a complaint in Montgomery County Court of Common Pleas against American Airlines Incorporated and PSA Airlines, Incorporated. (ECF 1). On May 23, 2018, Defendants removed the action to federal court. On October 31, 2018, Defendants moved to dismiss.

         Analysis

         Dilldine's Complaint advances two claims: negligence and breach of a contract of carriage. The negligence claim rests on his assertion that Defendants “owed specific duties to [him] from the Air Carrier Access Act…, ” and related regulations. (ECF 2, PageID 31, ¶15) Defendants ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.