I n c o r p o r e a l s  C h e a p  S i n c e  2 0 0 2
N A K E D Louisiana O W N E R S H I P 
All Things Legal in Louisiana




 


July 22, 2004


Episode of Deep Vein Thrombosis Not an "Accident" Under Warsaw Convention

On June 18, 2001, Michael Blansett flew from Houston, Texas to London, England on a Continental Airlines flight. During the flight, he suffered an episode of deep vein thrombosis (DVT), causing a cerebral stroke that left him permanently debilitated. DVT involves the clotting of blood in the extremeties and can cause death or disability if a clot migrates to the lungs or other vital organs.

Blansett sued Continental, alleging Continental's liability under Art. 17 of the Warsaw Convention. Article 17 makes an airline responsible for an injury to a passenger on an international flight when the injury results from an "accident." Continental moved to dismiss Blansett's complaint under FRCP 12(b)(6), but the district court denied the motion. The district court reasoned that Continental's failure to warn passengers about DVT and instruct them how to avoid it might be an "accident" under Article 17. Continental took an interlocutory appeal under 28 USC 1292(b), and the U.S. Fifth Circuit reversed, holding that Continental's failure to warn and instruct about DVT could not have constituted an "accident" under Article 17. Blansett v. Continental Airlines, Inc., No. 03-40545 (5th Cir. July 21, 2004).

Posted by RPW at July 22, 2004 09:55 AM
Naked Ownership Resources
Codes and Statutes
News Links
Parish Data

Other Resources
Judicial Interest Rate
Prescription [pdf]
Westlaw
Lexis

Naked Ownership Maps
Judicial Districts
Appeal Courts
Federal Courts
Parish

Court Rules
State District
LA Uniform Appeal
LA First Circuit
LA Second Circuit
LA Third Circuit
LA Fourth Circuit
LA Fifth Circuit
State Supreme
Federal District (La.)
US Bankruptcy (ED)
US Bankruptcy (MD)
US Bankruptcy (WD) [pdf]
US Fifth Circuit
US Supreme

State Court Sites
Supreme
First Circuit
Second Circuit
Third Circuit
Fourth Circuit
Fifth Circuit

Federal Court Sites
Eastern District
Middle District
Western District
Fifth Circuit

Bankruptcy Court Sites
Eastern District
Middle District
Western District

Louisiana Blawgers
AJ Levy
Steve Covell
Bradley Parker
Ernest Svenson
Ray Ward
Gideon's Promise
Kitty Says

BAR ASSOCIATIONS
American
State
Baton Rouge
Lafayette
New Orleans
Shreveport

LAW LIBRARIES
State
LSU
Loyola
Southern
Tulane

LAW SCHOOLS
LSU
Loyola
Southern
Tulane
Home
E-Mail
Syndicate / RSS

About
The Name
Disclaimer
Copyright

Contributors
Al J. Robert, Jr.
Raymond P. Ward
Ernest E. Svenson
You?

Browse by Month:

Browse by Category:

AG Opinions (2)
Alexandria (35)
Attorneys (14)
Baton Rouge (198)
Blawgistan (1)
Blawgs (10)
Civil Law (1)
Community (23)
Dicta (21)
District Courts (4)
Ethics (15)
Federal courts (1)
Judges (18)
LA 1st Circuit (17)
LA 2nd Circuit (10)
LA 3rd Circuit (3)
LA 4th Circuit (4)
LA 5th Circuit (1)
LA Case Opinions (1)
LA Register (1)
LA Supreme Court (46)
Lafayette (49)
Lake Charles (27)
Law Enforcement (2)
Law School (1)
Legislation (37)
Making A Differnce (6)
Meta (4)
Monroe (46)
National (6)
New Orleans (213)
Politics (9)
Practice (16)
Reference (2)
Shreveport (87)
Site of the Day (9)
State (8)
Technology (3)
US 5th Circuit (36)
US District Courts (8)


Site Meter