I. INTRODUCTION
Plaintiff Trini Tang brought this action against Defendant Hipster Airlines, Co., d/b/a Hipster an Illinois company arising out of an injury that occurred on February 1, 2015, in San Diego, California when Plaintiff was on Defendant’s aircraft. Plaintiff brings a claim for Negligence and Vicarious liability, both of which are premised on the allegation that Defendant's negligence was the cause of Plaintiff’s injuries. Defendant now moves to dismiss the complaint pursuant to Federal Rules of Civil Procedure 12 (b) (6) for failure to state a claim upon which relief may be granted.
II. STATEMENT OF FACTS
Plaintiff Trini Tang (hereinafter referred to as “Plaintiff”) maintains her principal residence in the Southern District of California.
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Southwest Airline Co., Defendant operated Southwest Flight departing from Ontario, California to St. Louis, Missouri. Thirty minutes into the flight, the airplane headed into severe and turbulent weather, causing it to rock and lurch about violently for an extended period of time as a result, Plaintiff suffered serious and permanent injuries. The court found for the defendant reasoning that a commercial airline is a common carrier and subject to the duties and liabilities of common carriers. Cudney v.Midcontinent Airlines, 98 F. Supp. 403 (E.D. Mo. 1951). A common carrier must exercise the highest degree of care to its passengers while in transit. Behrenhausen, 967 S.W.2d at 217. However, “a carrier of passengers by airplane is not an insurer of the passenger's safety.” Cudney, 363 S.W.2d at 927. Thus, it is not presumed that every commercial aviation accident is the result of negligence. Id. This case signifies that Defendant does not have a duty to protect Plaintiff from any harm engaged in the business of transporting …show more content…
Mitchell v. Gonzales, 54 Cal. 3d 1041, 1 Cal. Rptr. 2d 913, 819 P.2d 872 (1991). According to the plaintiff explosion of the engine only caused smoke inside of the cabin, she sustained injuries when the flight attendant pushed her. Compl. ¶ 9. Therefore the explosion of the engine cannot be the substantial cause of her injuries. Moreover, Plaintiff stated that she sustained serious injuries to her right ankle and shin Compl. ¶ 15 however she failed to narrow down the broad meaning of serious injuries to explain how her ankle was injured. This statement makes it difficult to understand the extent of her medical
“In tort law, the doctrine which holds a defendant guilty of negligence without an actual showing that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's injury was entirely under the control of the defendant, and the injury presumably could have been caused only by negligence”(Burt, M.A., & Skarin, G.D. (2011). In consideration of this, the defendant argues that the second foundation of this principle should be solely based on common knowledge of the situation. Although, there is a experts testimony tartar is no basis in this case , in the experts testimony or anything else, for indicating that the plaintiffs injury resulted from the negligence of the defendant. The court correctly found the defendant not liable under the Res ipsa
Recommendations: It is recommended that our law office regretfully deny service to Ms. Carry based upon the precedent in Kentucky. Based upon the analysis the issue, it is apparent that Ms. Carry would not receive a promising conclusion to her situation. Due to the facts involved and the cases discussed (which are somewhat on point) Ms. Carry does not make a claim in which relief can be granted.
The refinement of this definition has significant legal implications, as it broadens the scope of those who can sue within blameless accidents. Prior to this, such victims would also face being labelled with “fault”. Supporting the findings of Axiak, by establishing non-tortious conduct as separate from “fault”, similar, future cases are more likely to proceed despite the plaintiff’s contributory
Nonetheless, after the court trial, it was decided that Southwest Airline’s marketing policy that involved hiring of attractive female applicants only was a violation of Title VII under the Civil Rights Act of 1964. In addition to the hiring of attractive female flight attendants, the airline company had also made it a requirement that hired applicants should only be of a maximum height of 5 feet 9 inches. Notwithstanding, the court ruled that, the restriction was a barrier to hiring of men applicants and that it was violation of the same act. As a result, the airline company set aside a $1 million fund for penalties alone after the court ordered the company to pay the plaintiffs $275,000 (Justia,
Superheroes and villains are not commonly associated with airlines, but in the article “A Tale of Two Airlines” by Christopher Elliot, it is put into a different perspective. The two airlines in question are Spirit and Southwest. Although both have some similarities, they both have considerably different views on how to treat customers. Southwest practices treating customers with respect, while fares may be a little higher. Spirit’s beliefs are to treat customers “like cargo” with lower fares. With their friendly attendants and better overall customer interaction, this appoints Southwest as the hero, making Spirit our villain. Elliot makes his point by exclaiming the “heroes” should be rewarded with a higher multitude of passengers and the “villains” should not be granted this satisfaction.
Song airline was a low cost carrier subsidiary of Delta airlines that started in 2003. It was formed to compete with JetBlue and other low cost airlines for the Florida market. The market environment at the time of the case was extremely difficult with the rising costs of fuel, increasing security requirements after 9/11 and customers' expectations of lower fares. It has forced many big players in the airline industry into bankruptcy. The operational costs which include gate fees, ground operational costs etc. were increasing causing even more problems for the airlines. The fares in the Florida route were decreasing while the costs were ever increasing making it difficult to remain operational in that space.
In Combs, an employee aggravated a pre-existing cerebral aneurism during an employer-sponsored lunch hour aerobics class, during which she developed a headache. Combs at 506. She was taken to the company’s “quiet room” where she was supposed to be looked after by company personnel, but was not. Combs at 506. The Virginia Supreme Court held in that case that the failure of company personnel to adequately look after her was a sudden precipitating event, and that the resulting
Southwest Airlines: A Case Analysis. ORGANIZATIONAL ANALYSIS It is evident that the greatest strength Southwest Airlines has is its financial stability. As known in the US airline industry, Southwest is one of those airlines who are consistently earning profits despite the problems the industry is facing. With such stability, the corporation is able to make decisions and adjust policies, which other heavily burdened airlines may not be able to imitate.
More than 37 years ago, Rollin King and Herb Kelleher got together and decided to start a different kind of airline. They began with one simple notion: If you get your passengers to their destinations when they want to get there, on time, at the lowest possible fares, and make darn sure they have a good time doing it, people will fly your airline. And you know what? They were right. What began as a small Texas airline has grown to become one of the largest airlines in America. Today, Southwest Airlines flies over 104 million passengers a year to 64 great cities all across the country, and we do it more than 3,400 times a day.
After World War II there was an excess of aircraft and trained pilots in the United States, which significantly increase in private and commercial flights. An increase in the use of private aircraft and large passenger planes meant an increase in the possibly of aircraft safety incidents. Even though safety measures had been put in place to tend to large number of aircraft in the skies, in late 1950’s there were two unfortunate accidents that finally led to legislation that would be a major change to the world of aviation that affects us even today. The introduction of the Federal Aviation Act of 1958 spurred several changes in aviation that eventually led to the creation of the Federal Aviation Administration.
According to the facts in this case, Walkovszky was hit by a cab four years ago in New York and the cab was negligently operated by defendant Marches. The defendant Carlton, who is being sued, owned and ran the cab company in which he set up ten corporations, including Seon. Each of the corporations had two cabs registered in its name. The minimum automobile liability insurance required by the law was $10,000. According to the opinion of the court the plaintiff asserted that he is also ?entitled to hold their stock holder personally liable for damages, because multiple corporate structures constitutes an unlawful attempt to defraud the general member of the public.?
The Southwest Airlines company and its culture is one that is often cited in today 's business classes. The airline is widely known to be “different” compared to many of its competitors, a result of its founding values and strong corporate culture. This culture developed early in Southwest’s history and was deeply entrenched due to the competitiveness of the airline industry, as well as due to some of the pressures experienced as a result regulatory issues and stiff competition.
...e ditching on Hudson River. The NTSB report was not used in administrative, civil and criminal court case because none of the passengers is yet to file a lawsuit against the airline. As a result, none of the parties was determined to commit a tort in a civil lawsuit. However, each passenger received compensation for their lost luggage as well as offers from AIG not to file a lawsuit against US Airways.
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
There are few things that are impressive about Southwest Airlines first one is how they treat the employees. For Southwest Airlines employees are first and customers are second. If the employees are treated well that will bring in happy customers. Next is that Southwest is not only with their low prices but is able to create a competitive advantage by offering a fun and humorous experience when flying. Finally another impressive fact is when Herb Kelleher’s retire from CEO position yet remained a Southwest employee till July 2014. Even after the retirement he was still active with the Southwest Airlines that reflected his enthusiasm and dedication for the