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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)

Written by Kyli Cotten, JD

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

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Issue

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Holding and Reasoning (Kram, J.)

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