Elin Phifer v. Icelandair et al

Filing 43

JUDGMENT that Defendant Icelandair's Motion for Summary Judgment isgranted in its entirety, and Plaintiff's Complaint is hereby dismissed with prejudice by Judge Otis D Wright, II, (MD JS-6, Case Terminated). (lc)

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Kevin R. Sutherland (State Bar No.: 163746) Michael A. Hession (State Bar No.: 219103) CLYDE & CO US LLP 101 Second Street, 24th Floor San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Attorneys for Defendant ICELANDAIR UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ELIN PHIFER, v. ICELANDAIR, ICELANDAIR NORTHAMERICA, and DOES 1 through 10 inclusive, Defendants Plaintiff, ) ) ) ) ) ) ) ) ) ) ) )

JS-6

Case No: 2:08-cv-06561-ODW-CW JUDGMENT Hearing Date: October 5, 2009 Pretrial Conference: November 9, 2009 Trial Date: December 1, 2009 Time: 1:30 p.m. Place: Courtroom 11

TO ALL PARTIES AND THEIR COUNSEL OF RECORD HEREIN: Having considered Defendant's motion for summary judgment and supporting papers, Plaintiff's opposition brief and supporting papers, as well as all submissions on file with the Court, the Court finds as follows: 1. The Convention for the Unification of Certain Rules for International Carriage by Air, May 28, 1999, a treaty of The United States commonly known as the Montreal Convention, exclusively governs the rights and liabilities of the parties to this lawsuit; and, 2. Plaintiff's alleged injuries were not caused by an "accident" under Article 17 of the Montreal Convention and, therefore, defendant Icelandair is not liable to plaintiff for her alleged injuries.
JUDGMENT

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101 Second Street, 24th Floor San Francisco, California 94105 Telephone: [phone]

Accordingly, Defendant Icelandair's Motion for Summary Judgment is granted in its entirety, and Plaintiff's Complaint is hereby dismissed with prejudice. Dated: _____October 29, 2009 _______________________________________ THE HONORABLE OTIS D. WRIGHT, II

CLYDE & CO US LLP

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142459_1.DOC

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