White v Emirates Airlines, Inc No 11-20843 (5th Circuit 2012)
United States Court of Appeals for the Fifth Circuit
Facts
On April 13, 2010, Plaintiff-Appellant Shawn Carriker (“Carriker”) and his mother, seventy-year-old Carol Wilson (“Wilson”), traveled on Emirates Airlines (“Emirates”) Flight 211 from Dubai to Houston. As the plane began its descent into Houston, Wilson left her seat to use the lavatory. Approximately five minutes later, a flight attendant checked the lavatory and found that Wilson had collapsed while inside. The flight attendant summoned Carriker. Carriker observed that Wilson’s breathing was shallow and her eyes were unfocused. Carriker tried to communicate with Wilson, but was unsuccessful. Raed Abdallah (“Abdallah”), the lead flight attendant, was called upon to assist. Wilson was taken out of the lavatory and placed on the ground, face-up, in the aisle.
With roughly ten minutes remaining until the plane was to land in Houston, Abdallah began to administer emergency aid to Wilson, guided by Emirates’ “In-Flight Services Cabin Crew Emergency Manual” (the “Emirates Manual”). The Manual contains procedures to be followed when a passenger has collapsed, as reflected by the acronym “DRS ABCD.” The acronym stands for the following steps: (1) Assess Dangers, (2) Check Responses, (3) Shout for Help, (4) Open Airway, (5) Check Breathing, (6) Start CPR (if no breathing), and (7) Use Defibrillator. These steps are to be performed during the “primary survey.” As part of a “secondary survey,” to be performed when there is no longer a threat of immediate danger, the crew is directed to monitor the passenger’s vital signs. If necessary, the crew is also directed to contact MedLink (a medical advice service), inquire into whether a medical professional is onboard, and request medical assistance upon arrival.
Although the parties dispute the exact measures that members of the flight crew (including Abdallah) undertook, there is no genuine dispute that the crew (1) removed Wilson from the lavatory and placed her on the floor, (2) administered oxygen through a mask, and (3) alerted the captain, who notified medical personnel at the airport. The crew instructed Carriker to return to his seat due to the imminent landing. The parties disagree as to whether members of the flight crew stayed with Wilson and monitored her vital signs after Carriker returned to his seat, though Carriker acknowledges that a flight attendant was no more than two feet away from Wilson during landing. The plane landed in Houston approximately ten to fifteen minutes after the crew first discovered Wilson in the lavatory.
After landing, EMS personnel boarded the plane and took over Wilson’s care. The captain ordered all passengers to remain seated until EMS could board. Carriker disembarked and waited in the jetway. Although Wilson was conscious and responsive when EMS arrived, she lost consciousness when she was placed in a wheelchair. The paramedics performed CPR on Wilson after they removed her from the plane, but did not use a defibrillator. Wilson was taken to a nearby hospital, and died two days later. No autopsy was performed, but the probable causes of death were listed as a myocardial infarction, cardiogenic shock, metabolic acidosis, and respiratory failure.
Issue(s)
Wilson’s son, Shawn Carriker, together with her other children, brought suit against Emirates Airlines pursuant to the Convention for the Unification of Certain Rules for International Carriage by Air. They alleged that the flight crew’s response to Wilson’s emergency constituted an “accident” under Article 17 of the Convention, and that this “accident” caused Wilson’s death. The lower court granted Emirates Airlines’ summary judgment motion, holding that the crew’s response was not an “accident” under Article 17.
Discussion
Although Blansett addressed departures from industry standards of care rather than departures from an airline’s internal policy, its reasoning applies here. As Blansett clearly demonstrates, the inquiry for purposes of Article 17 is not whether Emirates failed precisely to adhere to its procedures, but rather whether any such failure constituted an “unexpected or unusual event or happening that is external to the passenger.” Saks, 470 U.S. at 405.
Even accepting as true Carriker’s contention that the Emirates flight crew failed to follow all relevant procedures set forth in the Emirates Manual, we agree with the magistrate judge that, when evaluated in context, the crew’s failure to do so was not unusual or unexpected. As noted, the plane was in its final descent when a flight attendant first discovered that Wilson had collapsed in the lavatory. Accordingly, the flight crew’s ability to respond was limited by the short time period in which it had to act and by the need to ensure the safety of other passengers and crew. For instance, because other passengers were required to be seated during landing, it was inadvisable for the crew to seek assistance from medical professionals who may have been onboard. Moreover, it would have made little sense to contact MedLink to obtain advice regarding possible diversion of the flight. Thus, even if we assume the flight crew failed to follow all internal procedures in responding to the emergency, Carriker has not shown that any such departures were unusual or unexpected under the circumstances.
Under Saks, courts must apply the definition of “accident” “flexibly . . . after assessment of all the circumstances surrounding a passenger’s injuries.” Id. As evaluated under the unique circumstances of this case, we conclude that the flight crew’s failure to follow all Emirates procedures in handling Wilson’s emergency did not constitute an Article 17 “accident.”[3] Because the flight crew’s response to Wilson’s medical emergency was not an “accident” under Article 17, we need not consider whether that response constituted a “link in the chain” of causation leading to Wilson’s death. See id. at 406.[4]
Useful for
Accident requires unexpected or unusual event that is external to the passenger
Imperfect crew response to a medical emergency is by itself not an accident under the Convention
Treaty provisions considered
Legislation considered
None identified.Key subjects or concepts
Accident/Appeals history
This case was an appeal from summary judgement in a court below.
Other case information
Lawyers or counsel before the United States Court of Appeals for the Fifth Circuit:No counsel or legal team identified for this case.
Additional case references or citations:
See also White v. Emirates Airlines, Inc, 493 F. App’x 526 (5th Cir 2012).
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