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United States: District Court for the Southern District of New York Decision in Day v. Trans World Airlines, Inc.*

Published online by Cambridge University Press:  04 April 2017

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Type
Legislation and Regulations
Information
International Legal Materials , Volume 14 , Issue 3 , May 1975 , pp. 811 - 825
Copyright
Copyright © American Society of International Law 1975

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Footnotes

*

[Reproduced from the text provided by the U.S. District Court for the Southern District of New York.]

References

* [See 12 I.L.M. 1445 (1973) and 13 I.L.M. 1376 (1974).]

1. There are pendent claims pleaded charging negligence or similar theories, apparently having little factual basis. The airport was not owned or controlled by TWA, but by the Greek Government, which made it available to other airlines equally.

2. Hereinafter, for convenience, we use the term "plaintiffs" to mean "injured passengers" in the context of this case.

3. The bus served all airlines, and its operation and control was not that of TWA.

4. The Hague Protocol proposed and signed in 1955 which amended the Warsaw Convention was never ratified by the United States. The United States determined later that the $8,300.00 limit imposed by the Convention was insufficient, and on November 15, 1965 the United States filed articles of denunciation of the Convention to become effective within six months. On May 14, 1966, the United States withdrew its notice of denunciation and announced its approval of an interim agreement, known as the "Montreal Agreement." Under this agreement, parties thereto would include in their tariffs to be filed with the Civil Aeronautics Board a special contract by which the carrier would waive those defenses provided by Article 20(1) of Warsaw and increase its limitation of liability under Warsaw to $75,000.00. It is important to emphasize that the Montreal Agreement did not in any way change the text of the Warsaw Convention. See generally, Lowenfeld & Mendelsohn, The United States and the Warsaw Convention, 80 Harv. L. Rev. 497 (1967).