Greenberg v. El AL Israel Airlines

Filing 4

PETITION to Perpetuate Testimony Document filed by Dorit Greenberg.(Bluth, Marshall)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------DORIT GREENBERG,
Plaintiff,
-againstEL AL ISRAEL AIRLINES, LTD.,
Defendant.
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11 CIV 7895 (Judge Swain)
AMENDED
COMPLAINT
TRIAL BY JURY
DEMANDED

The Plaintiff, by her attorney, Marshall S. Bluth, as and for her Amended Complaint
against the Defendant, alleges as follows:
JURISDICTION AND BACKGROUND
1. This is a personal injury action arising out of the defendant’s negligence and malfeasance.
The plaintiff is seeking monetary damages as a result of the grave injuries that she
sustained due to the defendant’s negligence.
2. The plaintiff is a resident of the County of Nassau, State of New York.
3. The defendant is, and at all relevant times herein, was, a foreign corporation duly
authorized to conduct business in the State of New York.
4. The defendant, at all relevant times herein, maintained offices for the transaction of
business at 120 West 45th Street, New York, New York, and at 15 East 26th Street, 6th Floor,
New York, New York, and at John F. Kennedy International Airport, Queens, New York.
The defendant also maintains numerous additional offices within the United States of
America for the transaction of business.
5. That, upon information and belief, and at all times hereinafter mentioned,

the defendant, EL AL ISRAEL AIRLINES, LTD., owned, maintained, operated and
controlled a fleet of airplanes operating out of John F. Kennedy International Airport,
Queens, New York and flying to various locations, and out of the State of Israel and flying
to John F. Kennedy International Airport, Queens, New York.
6. That on the 22nd day of May, 2011, the plaintiff, DORIT GREENBERG,
was a passenger on EL AL’s Fight 001 having departed from Tel Aviv, Israel International
Airport for arrival at John F. Kennedy International Airport, Queens, New York.
7. Pursuant to Article 33, paragraph 1, of the Montreal Convention, “An action for damages
must be brought, at the option of the plaintiff, in the territory of one of the States Parties,
either before the court of the domicile of the carrier or of its principal place of business, or
where it has a place of business through which the contract has been made or before the
court at the place of destination.”
8. At all times relevant herein, the defendant maintains a place of business in the County and
State of New York. The place of destination of EL AL Flight 001 was New York.
9. This Court has subject matter jurisidiction herein pursuant to Article 33 of the Montreal
Convention.
10. There is a complete diversity of citizenship between plaintiff and defendant.
11. The amount in controversy, exclusive of interest, costs and disbursements
exceeds the sum of $100,000.00.
CLAIM FOR RELIEF
12. That, upon information and belief, at all times herein mentioned, while plaintiff
was a seated passenger on EL AL’s Fight 001 hot liquid beverage was served in flight.
13. That, upon information and belief, at all times herein mentioned, while she was a seated
passenger on EL AL’s Flight 001, plaintiff’s leg was severely burned by a hot
liquid beverage that was served by defendant.

14. That during the course of said flight, the plaintiff sustained serious and
permanent personal injuries.
15. That the foregoing incident and the resulting injuries sustained by the plaintiff
were caused solely by reason of the carelessness and negligence on the part of the
defendant, its agents, servants, and employees and without any negligence on the part of
the plaintiff contributing thereto, in that they failed to properly maintain, supervise, inspect
and keep in an adequate state of repair the aforesaid airplane and more particularly its
in-flight hot beverage service; in that they improperly and negligently maintained,
supervised and inspected the aforesaid airplane and more particularly its hot beverage
service; in that they allowed and permitted the aforesaid airplane and its hot beverage
service in particular to remain in a dangerous and hazardous condition to the invited public
and persons lawfully passengers thereon; in that they failed to warn the plaintiff and the
invited public of the dangerous and defective condition of the aforesaid airplane and the
hot beverages in particular; in that they failed to adequately and reasonably supervise the
hot beverage service; in that they acted with disregard to the safety of the plaintiff and other
passengers in the manner in which they served said hot beverage; in that they failed to
provide safe air travel for the plaintiff and the invited public; in that they caused, permitted,
and allowed hot beverage to spill onto plaintiff; in that they failed to adequately monitor
the temperature of the hot beverage that was served in-flight; in that they served hot
beverage to passengers, including the plaintiff, that was unfit for human consumption; in
that they served hot beverage to passengers, including the plaintiff, that was dangerously
hot and in excess of the temperature so permitted; in that they served hot beverage to
passengers, including the plaintiff, that was of a dangerously and excessively hot
temperature; in that they failed to correct the dangerously hot temperature of the hot
beverage prior to serving it to the passengers, including the plaintiff; in that they knew, or

should have known in the exercise of reasonable care, that the hot beverage was
dangerously hot and unfit for human consumption; in that they negligently hired and
retained in-flight staff; in that they failed to adequately train, educate and supervise the
in-flight staff; in that they negligently and carelessly trained, educated and supervised the
in-flight staff; and in general in being reckless, careless and negligent in the premises.
16. As a result of the occurrence set forth above, plaintiff sustained severe and
permanent personal injuries, has and will require medical care and treatment, and has and
will suffer great general and special damages.
17. That as a result of the defendants’ negligence as aforesaid, plaintiff has been
damaged in the sum of FIVE MILLION ($5,000,000.00) Dollars.
Wherefore, plaintiff demands judgment against the defendant for her cause of action
in the sum of FIVE MILLION ($5,000,000.00) Dollars, together with the costs and disbursements
incurred in the prosecution of this action.
DEMAND FOR TRIAL BY JURY
The plaintiff hereby demands a trial by jury as to all issues in this action.
Dated: New York, New York
November 22, 2011

Yours, etc.
THE LAW OFFICE OF MARSHALL S. BLUTH

BY: __________________________________
MARSHALL S. BLUTH
Attorneys for Plaintiff
233 Broadway-18th Floor
New York, NY 10279
[phone]

To:
El Al Israel Airlines, Ltd.
120 West 45th Street
New York, New York 10036