Morris v. KLM Royal Dutch Airlines, King v. Bristow Helicopters Ltd.
United Kingdom House of Lords
2 A.C. 628 (2002)
- Written by Elizabeth Yingling, JD
Facts
In Morris v. KLM Royal Dutch Airlines, Morris (plaintiff), a minor traveling alone on a KLM flight, awoke to find a passenger inappropriately touching Morris’s leg. Morris immediately advised a flight attendant, who moved Morris to a different seat. Morris was subsequently diagnosed with clinical depression and sued KLM, asserting injury under Article 17 of the Warsaw Convention. The England and Wales Court of Appeal held that mental illness was not a “bodily injury” under Article 17. In support, the court noted that decades passed after the Warsaw Convention was enacted in 1929 before any claims for mental illness were filed against carriers under Article 17. Morris appealed. In King v. Bristow Helicopters Ltd., King (plaintiff) was a passenger in a helicopter that become engulfed in smoke upon landing. King disembarked the aircraft and was not physically injured. He was subsequently diagnosed with a peptic ulcer. The Scottish First Division allowed the claim under Article 17 of the Warsaw Convention. The United States Supreme Court, in Eastern Airlines Inc. v. Floyd, had held that Article 17 only applied when an air passenger suffered death, physical injury, or “physical manifestation of injury.” Subsequent to Floyd, the United States District Court for the District of Montana issued Weaver v. Delta Airlines Inc. and held that post-traumatic-stress disorder that resulted in brain trauma was a bodily injury under Article 17. Morris and Bristow Helicopters appealed their respective claims, and the appeals were consolidated.
Rule of Law
Issue
Holding and Reasoning (Steyn, J.)
Concurrence (Hope, J.)
Concurrence/Dissent (Mackay, J.)
Concurrence/Dissent (Nicholls, J.)
Concurrence/Dissent (Hobhouse, J.)
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