2003-2004 Survey of International Law in the Second : Warsaw Convention

In Magan v. Lufthansa German Airlines, the plaintiff appealed the granting of summary judgment in favor of the defendant, Lufthansa German Airlines [hereinafter Lufthansa]. The complaint arose out of an incident that occurred on an aircraft destined for Sofia, Bulgaria on March 27, 1997.2 Plaintiff claimed that, following the pilot's announcement to be seated, some turbulence caused him to hit his head on an overhang. As a result of the impact, Plaintiff Magan broke his nose and "dislodged a dental bridge from his mouth.'' Additionally, Magan complained of blurred vision and claimed he blacked out as a result of striking his head. In response to the incident, Magan filed a complaint in district court pursuant to Article 17 of the Warsaw Convention.