Tallarico v. Trans World Airlines

Polly Tallarico (plaintiff) was 14 years old and had cerebral palsy. Tallarico’s condition required Tallarico to use a wheelchair, but she could move independently of the chair by crawling. Tallarico could not speak more than short words but had no difficulties hearing and understanding directions and written words. To communicate, Tallarico used various communication tools like communication boards and text-to-sound devices. Tallarico had flown unaccompanied before but ran into difficulties when she attempted to fly with Trans World Airlines, Inc. (Trans World) (defendant). When Trans World agents learned that Tallarico intended to fly alone, the agents contacted their station manager, who denied Tallarico boarding, stating that Tallarico could not take care of herself or exit the plane swiftly in an emergency. Tallarico cried and was upset with Trans World’s decision, and she had to have her father fly in and accompany her on her flight. Tallarico’s demeanor reportedly changed after the altercation, leaving Tallarico significantly more withdrawn. Tallarico filed suit against Trans World in federal district court. Tallarico claimed that by denying her boarding based on her disability, the airline discriminated against her in violation of the Airline Carrier Access Act (ACAA). At trial, a jury found in favor of Tallarico and awarded her damages, including funds for emotional damages. The district court entered judgment notwithstanding the verdict on Tallarico’s damages, reducing the award to include only Tallarico’s out-of-pocket expenses. The case was appealed to the Eighth Circuit, and after determining that the record did not support any punitive damages, the court addressed whether the ACAA created private causes of action or allowed emotional damages to be collected.