Andrews v. United Airlines – Case Brief
Andrews v. United Airlines, 24 F.3d 39 (9th Cir. 1994).
Case Summary
Facts: Upon arrival of a United Airlines (D) flight at the gate, a briefcase fell from the overhead compartment seriously injuring Andrews (P). Passengers were warned on arrival that items stored in overhead bins may have shifted and that passengers should use caution. Expert testimony revealed that there had been 135 reported incidents of items falling from overhead bins. Andrews appealed the district court’s grant of summary judgment in favor of United Airlines.
Issue: Is the question of whether an airline has a duty to do more than warn passengers about the possibility of falling luggage a matter for the jury to decide?
Holding and Rule: Yes. Common carriers must use the best precautions in practical use known to any company exercising the utmost care and diligence in keeping abreast with modern improvements in such precautions. Many jurors have been airline passengers and are equipped to decide if D should have done more to warn the passengers. Summary judgment was not appropriate.
Disposition: Reversed and remanded.