Sergio da Silva Couto v. Iberia, Spanish Airlines, Inc.
Brazil Supreme Court
Extraordinary Appeal 172720-9 (Rio de Janeiro) RE-172720 (1996)
- Written by Whitney Waldenberg, JD
Facts
During a trip to Europe organized by Iberia, Spanish Airlines, Inc. (Iberia) (defendant), Iberia lost the suitcase of Sergio da Silva Couto (plaintiff). Da Silva Couto recovered his personal ítems upon return to Rio de Janeiro, and he sued Iberia for moral damages. Da Silva Couto complained that he was traveling with a group of lawyers, judges, and jurists and that being deprived of his clothing and medicine for the duration of his trip caused a feeling of pain, humiliation, and revulsion. The trial court ordered Iberia to pay da Silva Couto $250 for each day of delay in returning the luggage, totaling $5,000. The appellate court reversed, holding that the Warsaw Convention limited an air carrier’s liability to $400 and that there were no moral damages, but even still, the internationally stipulated amount under the Warsaw Convention would cover any such damages. Da Silva Couto appealed, arguing that the appellate court violated his constitutional rights, which had priority over international conventions.
Rule of Law
Issue
Holding and Reasoning (De Mello, J.)
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