Tsiavos v. Delta Airlines, Inc.

Filing 1

NOTICE OF REMOVAL from State Supreme, County of New York. Case Number: 109990-11. (Filing Fee $ 350.00, Receipt Number 17076).Document filed by Delta Airlines, Inc.(ama)

3.

That the time to answer or otherwise move with respect to the

Summons and Verified Complaint has not yet expired.
4.

That, upon information and belief, the aforementioned Summons

and Verified Complaint were the first and only pleadings delivered to DELTA in the said
action.
5.

That the above-referenced action is a civil action allegedly arising

out of personal injuries sustained on or about January 5, 2011, aboard DELTA Flight 133
from Athens, Greece to John F. Kennedy International Airport in Jamaica, New York.
6.

That thirty days have not yet expired since the action became

removable to this Court.
7.

That, upon information and belief, Plaintiff Eleftheria Maria

Tsiavos is a resident of New York, New York.
8.

That Defendant DELTA was at all times relevant herein a

corporation organized and existing under and by virtue of the laws of the State of
Delaware, with its principal place of business in Georgia. DELTA’s address is 1030
Delta Boulevard, Atlanta, GA 30354.
9.

That, upon information and belief, and based on the Verified

Complaint, the matter in controversy exceeds the sum of $75,000.00, exclusive of interest
and costs.
BASES FOR REMOVAL
10.

That the basis for removal is that this action is one over which the

District Courts of the United States have original jurisdiction by reason of the diversity of

2

citizenship of the parties. Therefore, by virtue of the provisions of Title 28, United States
Code, Section 1441(a), the entire case is one that may be removed to this Court.
11.

That an alternative basis for removal is that this action is one over

which the District Courts of the United States have original jurisdiction by reason of
Federal Question Jurisdiction under Title 28, United States Code, Section 1331 on the
basis that the Montreal Convention, S. Treaty Doc. No. 106-45, preempts state law
standards governing aviation safety and flight operations concerning international flight.
According to the allegations contained in the Complaint, Plaintiff sustained personal
injuries while aboard an international flight from Greece to the United States. Therefore,
by virtue of the provisions of Title 28, United States Code, Section 1441(b), the entire
case is one that may be removed to this Court.
12.

An alternative basis for removal is that this action is one over

which the District Courts of the United States have original jurisdiction by reason of
Federal Question Jurisdiction under Title 28, United States Code, Section 1331 on the
basis that the Airline Deregulation Act of 1978 (ADA), 49 U.S.C. App. § 1305(a)(1),
preempts state law relating to the rates, routes, or services of any air carrier. Plaintiffs’
claims require the resolution of issues relating to the services of an air carrier. Therefore,
by virtue of the provisions of Title 28, United States Code, Section 1441(b), the entire
case is one that may be removed to this Court.
13.

An alternative basis for removal is that this action is one over

which the District Courts of the United States have original jurisdiction by reason of
Federal Question Jurisdiction under Title 28, United States Code, Section 1331 on the
basis that the Federal Aviation Act of 1958, 49 U.S.C. § 40101 et seq., implicitly

3

EXHIBIT A

EXHIBIT B

V_

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-------------------------------------------------

x

ELEFTHERAA MARIA TSIAVOS,

Index No.:

ae

t4EW OFFK

-against-

&EWS 01tq
DELTA AIRLINES, INC.,

f~X1~~'
~

Defendanti(s).

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------------------------------------CR ' (f IE
------ W W

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Fld

SUMMONS
Plaintiffs designate
NEW YORK County

as a e place of trial.
The pasis of the venue is
P aintiff1Is

residence:

NEW YORK County

To the above named Defendant:.
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to
serve a copy of your answer, or, if the complaint is not served with this summons, to serve a
notice of appearance, on the Plaintiffs' Attorney(s) within 20 days after the service of this
summons, exclusive of the day of service (or within 30 days after the service is complete if
this summons is not personally delivered to you within the State of New York). In case of
your failure to appear or answer, judgment will be taken against you by default for the relief
demanded in the complaint.
Dated. New York, New York
August 18, 2011

LAW OFFICES OF COSTAS M. ELIADES, P.C.
Attorneys for Plaintiff
ELEFTHERIA MARIA TSIAVOS
405 Lexington Avenue -26 1hFloor
New York, New York 10 174
[phone]
DEFENDANT'S ADDRESS:
DELTA AIRLINES, INC.
d/o CORPORATION SERVICE COMPANY
80 State Street
Albany, New York 1,2207-2543

LAW OFFICES OF COSTAS AI ELIADES, P.C. - 405 LEXINGTON AVENUE

*26Th

FLOOR - NEW YORK, NEW YORK 10174

*(212)

947-7077

SUPREME COURT OF THE STATE OF NEW YORK
CO U N T Y O F N EW Y OR K - - - - - - - -- - -- - - - - -xI
------------------------------x
ELEFTHERIA MARIA TSIAVOS,

d xN
ndxN. .

0 9 0
10 9 0 l/

VERIFIED COMPLAINT
Plaintiff(s),

AUG 3 0 204h
DELTA AIRLINES, INC.,
-againstDefendant(s).
------------------------------------------------

x

The Plaintiff, by her attorneys, LAW OFFICES OF COSTAS M. ELIADES, P.C.
complaining of the defendant, respectfully alleges, upon information and belief, as follows:

1.

That at all of the times hereinafter mentioned, the plaintiff, ELEFTHERIA

MARIA TSIAVOS, was and still is a resident of the County of New York, City of New
York, and State of New York.

2.

That at all of the times hereinafter mentioned, and upon information and

belief, the defendant, DELTA AIRLINES, INC., was and is a domestic corporation
organized and existing under and by virtue of the laws of the State of New York.

3.

That at all of the times hereinafter mentioned, and upon information and

belief, the defendant, DELTA AIRIINES, INC., was and is a foreign corporation authorized
to do business under and by virtue of the Laws of the State of New York.

LAW OFFICES OF COSTAS M. ELIADES, P.C. - 405 LEXINGTON AVENUE - 26 FLOOR

*

NEW YORK, NEW YORK 10174 * [phone]

4.

That at all of the times hereinafter mentioned, and upon information and

belief, the defendant, DELTA AIRlINES, INC., was and is a common carrier of passengers
for hire and was and is engaged in the business of operating commercial aircraft.

5.

That at all of the times hereinafter mentioned, and upon information and

belief, the defendant, DELTA AIRLINES, INC., owned, operated, controlled and managed
a fleet of airplanes in furtherance of its business of owning, operating, managing and/or
otherwise controlling an airline and various airplanes.

6.

That at all of the times hereinafter, and upon informnation and belief, the

defendant, DELTA AIRLINES, INC., owned a certain aircraft designated as flight number
"133," traveling from Athens, Greece, to New York (John F. Kennedy International
Airport).

7.

That at all of the times hereinafter, and upon information and belief, the

defendant, DELTA AIRLINES, INC., operated a certain aircraft designated as flight
number "133," traveling from Athens, Greece, to New York (John F. Kennedy International
Airport).

8.

That at all of the times hereinafter, and upon information and belief, the

defendant, DELTA AIRLINES, INC., controlled a certain aircraft designated as flight
number "133," traveling from Athens, Greece, to New York (John F. Kennedy International
Airport).

LAW OFFICES OF COSTAS M. ELIADES, P.C. * 405 LEXINGTON AVENUE *

2 6Th

FLOOR * NEW YORK, NEW YORK 10174 e [phone]

9.

That at all of the times hereinafter, and upon information and belief, the

defendant, DELTA AIRLINES, INC., managed a certain aircraft designated as flight
number "133," traveling from Athens, Greece, to New York (John F. Kennedy International
Airport).

10.

That on or about the

5t1h

day of January, 2011, the plaintiff, ELEFTHERIA

MARIA TSIAVOS, was lawfully a passenger on board defendant, DELTA AIRLINES,
INC.'s certain aircraft designated as flight number "133" traveling from Athens, Greece, to
New York (John F. Kennedy International Airport).

11.

That on or about the

5t1h

day of January, 2011, the defendant, DELTA

AIRLINES, INC., negligently, recklessly and carelessly suffered and permitted the
aforesaid aircraft, including but not limited to an aircraft meal/service cart on the aforesaid
aircraft and flight, as well as all devices, braking mechanisms, equipment, apparatus,
attachments, accessories, connections and mechanisms attached to said aircraft meal/service
cart to be, become and remain in a dangerous, unsafe and defective condition therein.

12.

That the defendant, DELTA AIRLINES, INC. herein was negligent, reckless

and careless in that they violated their duty to passengers lawfully on the aforesaid aircraft
and flight, and to this plaintiff, ELEFTHERIA MARIA TSIAVOS, in particular, in
knowingly permitting suffering and allowing the aforesaid aircraft, including but not limited
to an aircraft meal/service cart on the aforesaid aircraft and flight, as well as all devices,
braking mechanisms, equipment, apparatus, attachments, accessories, connections and
mechanisms attached to said aircraft meal/service cart, to be, become and remain in a

LAW OFFICES OF COSTAS M. ELIADES, P.C. * 405 LEXINGTON AVENUE - 26

FLOOR a NEW YORK, NEWYORK 10174 a [phone]

defective, unsafe and dangerous condition, and was further negligent in failing to take
suitable precaution for the safety and safe passage of persons lawfully on the aforesaid
aircraft and flight.

13.

That on or about the

5 t1h

day of January, 2011, while the plaintiff,

ELEFTHERIA MAMIA TSIAVOS, was lawfully seated in her assigned airline seat aboard
the aforementioned aircraft and flight, an aircraft meal/service cart owned, operated,
controlled, and maintained by defendant DELTA AIRLINES, INC. and its flight attendant
employees, was caused to violently strike the plaintiff, thereby causing the plaintiff to
sustain serious personal injuries.

14.

That the aforesaid accident and injuries resulting therefrom were due solely

and wholly as a result of the careless and negligent manner in which the defendant, DELTA
AIRLINES, INC., owned, operated, maintained and controlled the aforesaid aircraft,
including but not limited to the aircraft meal/service cart on the aforesaid aircraft and flight,
as well as all devices, braking mechanisms, equipment, apparatus, attachments, accessories,
connections and mechanisms attached to said aircraft meal/service cart, without the
plaintiff, ELEFTHERIA MARIA TSJAVOS, in any way contributing thereto.

15.

That by reason of the foregoing and the negligence of the defendants, this

plaintiff, ELEETHERIA MARIA TSIAVOS, was severely injured, bruised and wounded,
suffered, still suffers and will continue to suffer for some time physical pain and bodily
injuries and became sick, sore, lame and disabled and so remained for a considerable length
of time.

LAW OFFICES OF COSTAS M. ELIADES, P.C. * 405 LEXINGTON AVENUE * 26Th FLOOR * NEW YORK, NEW YORK 10174 * [phone]

16.

That by reason of the foregoing, the plaintiff, ELEFTHBRIA MARIA

TSIAVOS, was compelled to and did necessarily require medical aid and attention, and did
necessarily pay and become liable therefore, for medicines and upon information and belief,
the plaintiff, ELEFTHERIA MAMIA TSIAVOS, will necessarily incur similar expenses for
an indefinite period of future duration.

17.

That by reason of the foregoing, the plaintiff, ELEFTHEMIA MARIA

TSIAVOS, has been unable to attend to her usual and customary daily activities in the
manner required.

18.

That as a result of the defendant's negligence as aforesaid, this plaintiff,

ELEETHERIA MARIA. TSIAVOS, has been injured and damaged in an amount exceeding
the jurisdictional limits of all lower Courts, which otherwise would have jurisdiction over
this action.

WHEREFORE,

the plaintiff, ELEETHEMIA

MAMIA

TSIAVOS,

demands

Judgment against the defendant, DELTA AIRLINES, INC., in an amount exceeding the
jurisdictional limits of all lower Courts which otherwise would have jurisdiction over this
action, all together with the cost, disbursements, and interest of this action.

LAW OFFICES OF COSTAS M. ELIADES, P.C. a 405 LEXINGTON AVENUE * 26"' FLOOR * NEW YORK, NEW YORK 10174 e [phone]

Dated: New York, New York
August 18, 2011

Ny:.- -ostas M. Eliades, Esq.
LAW OFFICES OF COSTAS M. ELIADES, P.C.
Attorneys for Plaintiff
ELEFTHERIA MARIA TSIAVOS
405 Lexington Avenue - 2 6 1h Floor
New York, New York 10 174
[phone]

LAW OFFICFS OF COSTAS M. ELIADES, P.C.

*405

LEXINGTON AVENUE * 26

FLOOR * NEW YORK, NEW YORK 10174

*(212)

947-7077