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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46674 Judge Meskill PLAINTIFFS APPEALED from a district court judgment in favor of airline defendants on the grounds that plaintiffs could not maintain an action under the Warsaw Convention for mental injuries that accompanied, but were not caused by, bodily injuries. The action arose from plaintiffs’ mental injuries after an American Eagle plane overshot the runway at JFK International Airport and was stopped from plunging into the water by a “ground arrestor system.” The U.S. Court of Appeals for the Second Circuit affirmed, finding that despite recent changes to the Warsaw Convention governing airline liability, passengers cannot hold carriers liable for mental injuries that accompany, but are not caused by, bodily injuries. The court ruled that Article 17 of the convention, which outlines conditions under which international air carriers can be held liable for injuries, restricts recovery to “damage sustained in the event of . . . bodily injury.”

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