News
Transportation
Feb. 21, 2002
Court OKs Airline's Removing Passenger
LOS ANGELES - A woman who sued United Airlines and the city of Los Angeles after she was removed from an airplane for entering the first-class cabin without a first-class seat assignment has lost her case on appeal.
LOS ANGELES - A woman who sued United Airlines and the city of Los Angeles after she was removed from an airplane for entering the first-class cabin without a first-class seat assignment has lost her case on appeal.
In affirming a judgment of Los Angeles Superior Court Judge Jean Matusinka, the 2nd District Court of Appeal ruled that commercial airlines have broad powers under the federal Airline Deregulation Act of 1978 to ensure the safety of all passengers and flights, including removing potentially dangerous passengers. Rubin v. United Air Lines, B149679 (Cal. App. 2nd Dist. Feb. 20, 2002).
"We hold a passenger whom the airline believes is, or might become, inimical to the safety of the aircraft or its passengers many be ejected from a flight without subjecting the airline to tort liability if at the time airline personnel had a reasonable basis for believing the passenger presented a safety risk," the justices wrote in the published opinion.
"We further conclude the airline's actions in this case were reasonable as a matter of law," the opinion says.
Adrienne Rubin had purchased a ticket to Hawaii and used frequent flyer miles to upgrade to first class, according to the opinion. When she arrived at the airport, there was a problem with the upgrade. Although Rubin believed she had resolved the problem after going to the customer service desk, she was told on boarding that first class was full and she must take a coach seat. She refused and entered the first-class cabin without a proper ticket, the opinion says.
A confrontation ensued, Rubin refused to sit where flight attendants told her to, and the flight crew ultimately called the Los Angeles Airport Police, who physically removed her from the plane.
In affirming a judgment of Los Angeles Superior Court Judge Jean Matusinka, the 2nd District Court of Appeal ruled that commercial airlines have broad powers under the federal Airline Deregulation Act of 1978 to ensure the safety of all passengers and flights, including removing potentially dangerous passengers. Rubin v. United Air Lines, B149679 (Cal. App. 2nd Dist. Feb. 20, 2002).
"We hold a passenger whom the airline believes is, or might become, inimical to the safety of the aircraft or its passengers many be ejected from a flight without subjecting the airline to tort liability if at the time airline personnel had a reasonable basis for believing the passenger presented a safety risk," the justices wrote in the published opinion.
"We further conclude the airline's actions in this case were reasonable as a matter of law," the opinion says.
Adrienne Rubin had purchased a ticket to Hawaii and used frequent flyer miles to upgrade to first class, according to the opinion. When she arrived at the airport, there was a problem with the upgrade. Although Rubin believed she had resolved the problem after going to the customer service desk, she was told on boarding that first class was full and she must take a coach seat. She refused and entered the first-class cabin without a proper ticket, the opinion says.
A confrontation ensued, Rubin refused to sit where flight attendants told her to, and the flight crew ultimately called the Los Angeles Airport Police, who physically removed her from the plane.
- Amy Tatko
#337665
Amy Tatko
Daily Journal Staff Writer
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