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Berlin v. JetBlue Airways Corp.

JetBlue, Cabin Crew Not Liable for Causing 'Accident' Under Montreal Convention

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MEMORANDUM & ORDER Plaintiff Moshe Berlin brought this action in 2018, asserting twelve claims against JetBlue Airways, three of its employees, and other unnamed defendants. Berlin claims that he was assaulted by members of the JetBlue staff on his flight from Mexico City to Orlando, Florida. The Honorable Margo Brodie (to whom this case was previously assigned) dismissed all but one of Berlin’s claims at the Rule 12(b)(6) stage. Defendants now move for summary judgment on the remaining claim — that they are liable for causing an “accident” under the Montreal Convention. For the reasons set forth below, that motion is granted. I. Background The following factual recitation is drawn from the complaint; the evidentiary record, including deposition testimony; and the uncontested evidence identified in the parties’ Local Rule 56.1 Statements of Undisputed Material Facts. The facts are viewed in the light most favorable to Berlin. On March 22, 2016, Berlin took JetBlue Flight 1324 from Mexico City to Orlando. Defs.’ Local Rule 56.1 Statement (“Def. 56.1″) 1, ECF No. 92. While the flight was in the air, Berlin was involved in an altercation with members of the cabin crew. Id.

2-11. Law enforcement removed him from the aircraft when it landed in Orlando, and he was charged with interfering with a flight attendant. Id.

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