Gluckman v. American Airlines, Inc.

844 F. Supp. 151 (1994)

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Gluckman v. American Airlines, Inc.

United States District Court for the Southern District of New York
844 F. Supp. 151 (1994)

Facts

Upon graduating high school, Andrew Gluckman (plaintiff) took a camping trip to Arizona with friends. While there, Gluckman encountered a golden retriever, whom he adopted and named Floyd. Gluckman was set to return home to New York via an American Airlines, Inc. (American) (defendant) flight. Gluckman called a ticket agent and was told that he could pay for an excess baggage ticket for a special crate for Floyd to travel in, plus an additional price for his transport. Gluckman paid for both and received a ticket that contained a tariff in small font, which stated that American’s limit of liability for property was $1,250. American crews then placed Floyd in the unairconditioned baggage compartment of the plane. Due to flight delays and the Arizona heat, Floyd suffered a heat stroke and later died. Gluckman filed suit against American under several theories of tort. In addition to the tort claims, Gluckman filed a breach-of-contract claim for failure to return Floyd in the same condition received. American argued that the correct measure of damages for breach of contract was the $1,250 limit stated in the tariff. American thus filed a motion for summary judgment on the breach-of-contract claim.

Rule of Law

Issue

Holding and Reasoning (Kram, J.)

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