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Santos v. LATAM Airlines Group S.A.

Dismissal of Air Passenger's Suit Conditioned on Consent to Jurisdiction of Ecuador Courts

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OPINION AND ORDER Plaintiff Yolanda Delia Arias Santos asserts a negligence claim against defendant LATAM Airlines Group S.A. (“LATAM”) arising from the spill of a hot beverage during a flight from New York to Guayaquil, Ecuador. (Am. Compl.; Doc 11.) The spill allegedly resulted in second and third-degree burns to Santos’s body. (Id.) LATAM moves to dismiss this action on the ground of forum non conveniens. It contends that the plaintiff, virtually all of the witnesses, and relevant evidence are located in Ecuador. It avers that the courts of the Republic of Ecuador provide an adequate and more appropriate forum for litigation of this claim. For the reasons discussed below, LATAM’s motion to dismiss will be granted.BACKGROUNDSantos is a citizen and resident of the Republic of Ecuador. (Id. 4.) LATAM is a foreign corporation authorized to do business under the laws of the state of New York (id. 5), with its headquarters and principal place of business in Santiago, Chile (Affidavit of Grecia Sosa (“Sosa Aff.”) 3; Doc 23.) LATAM is a commercial airline that operates daily flights into and out of New York’s John F. Kennedy International Airport. (Am. Compl. 5.) Santos alleges that on a flight from New York to Guayaquil, Ecuador, a flight attendant employed by LATAM spilled boiling tea on Santos during beverage service. (Id.

12-13.) Santos sustained injuries as a result of the spill. (Id.

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