Morley v. American Airlines, Inc.

508 F. Supp. 2d 244, 2007 U.S. Dist. LEXIS 65557
CourtDistrict Court, S.D. New York
DecidedSeptember 4, 2007
DocketNos. 02 MDL 1448(RWS), 02 Civ. 3143(RWS)
StatusPublished
Cited by2 cases

This text of 508 F. Supp. 2d 244 (Morley v. American Airlines, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morley v. American Airlines, Inc., 508 F. Supp. 2d 244, 2007 U.S. Dist. LEXIS 65557 (S.D.N.Y. 2007).

Opinion

OPINION

SWEET, District Judge.

Defendants American Airlines, Inc. (“AAL”) and Airbus Industrie G.I.E. (“Air[246]*246bus”) have moved for an order under Fed. R.Civ.P. 56 granting summary judgment to the defendants and dismissing with prejudice all claims by plaintiffs Michael Morley, Jr. (“Morley”) and Michael Morley, Sr. (“Morley, Sr.”), (collectively, “Plaintiffs”) in this action. For the reasons stated below, the motion will be granted.

Farts

This case arises out of the tragic crash of an Airbus aircraft, operated as AAL Flight 587, on November 12, 2001 in Belle Harbor, New York. All 260 persons on board the aircraft died, five residents of Belle Harbor were killed, additional residents suffered injuries, and personal property was damaged.

According to the parties’ Local Civil Rule 56.1 Statements of Material Facts, at the time of the crash, Morley (then three years old) was at his home in Belle Harbor with his grandmother, Eleanor G. Dutcher (“Dutcher”). They heard a loud explosion which occurred contemporaneously with the house catching fire. Fearing for their safety, Dutcher and Morley fled to the street, where they watched as the house burned down. Morley, Sr. was not at the house at the time of the crash.

Plaintiffs allege that as a result of the crash, Morley has had to undergo fourteen months of psychotherapy focused on relieving post-traumatic nightmares and fears related to the fire. This action was brought on behalf of Morley by Morley, Sr., and by Morley, Sr. individually, and seeks to recover damages for personal injuries to Morley, and damages for the loss to Morley, Sr. of Morley’s services, companionship, and comfort due to those injuries.1 The Complaint alleges no physical injuries to Dutcher, Morley, or Morley, Sr.

Summary Judgment Standard

In deciding a motion for summary judgment, a court shall render judgment “forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Weinstock v. Columbia Univ., 224 F.3d 33, 41 (2d Cir.2000).

The moving party has the initial burden of showing that there are no material facts in dispute, Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970), and can discharge this burden by demonstrating that there is an absence of evidence to support the non-moving party’s case, Celotex, 477 U.S. at 325, 106 S.Ct. 2548. The nonmoving party then must come forward with “specific facts showing that there is a genuine issue for trial,” Fed.R.Civ.P. 56(e), as to every element “essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex, 477 U.S. at 322, 106 S.Ct. 2548.

The court “must resolve all ambiguities and draw all reasonable inferences in favor of the party defending against the motion.” Lopez v. S.B. Thomas, Inc., 831 F.2d 1184, 1187 (2d Cir.1987); see also Eastway Constr. Corp. v. New York, 762 F.2d 243, 249 (2d Cir.1985). However, the court must inquire whether “there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). If there is not, summary judgment [247]*247is proper. See id. at 249-50, 106 S.Ct. 2505.

Theories of Recovery

The Court has already held that New York compensatory damages law applies to the claims of plaintiffs who were on the ground. See In re Air Crash at Belle Harbor, N.Y. on Nov. 12, 2001, No. MDL 1488NYMDS1488NY-ST-ANN0005ES(RWS), 2006 WL 1288298, at *5 (S.D.N.Y. May 9, 2006).

Under New York law, there are two generally accepted methods of proving a claim of negligent infliction of emotional distress: the ‘bystander’ and the ‘direct duty’ theories. See Baker v. Dorfman, 239 F.3d 415, 421 (2d Cir.2000); In re Air Crash at Belle Harbor, N.Y. on Nov. 12, 2001 (Lawler v. American Airlines, Inc.), 450 F.Supp.2d 432, 434 (S.D.N.Y.2006).

The elements of these claims are well-established. Under the ‘bystander’ theory, a plaintiff must demonstrate both that “(1) she is threatened with physical harm as a result of defendant’s negligence; and (2) consequently she suffers emotional injury from witnessing the death or serious bodily injury of a member of her immediate family.” Mortise v. United States, 102 F.3d 693, 696 (2d Cir.1996) (citing Bovsun v. Sanperi, 61 N.Y.2d 219, 230-31, 473 N.Y.S.2d 357, 461 N.E.2d 843 (1984)). Plaintiffs have conceded that they do not have a claim under the ‘bystander’ theory.

To establish a claim for ‘direct duty’ liability, a plaintiff must show that “she suffers an emotional injury from defendant’s breach of a duty which unreasonably endangered her own physical safety.” Id. (citing Kennedy v. McKesson Co., 58 N.Y.2d 500, 504, 462 N.Y.S.2d 421, 448 N.E.2d 1332 (1983) and Green v. Leibowitz, 118 A.D.2d 756, 500 N.Y.S.2d 146, 148 (N.Y.App.Div.1986)). “The duty in such cases must be specific to the plaintiff, and not some amorphous, free-floating duty to society.” Id. (citing Johnson v. Jamaica Hosp., 62 N.Y.2d 523, 526-27, 478 N.Y.S.2d 838, 467 N.E.2d 502 (1984)).

New York law also recognizes a cause of action where there exists “an especial likelihood of genuine and serious mental distress, arising from ... special circumstances, which serves as a guarantee that the claim is not spurious.” Baker, 239 F.3d at 421 (citing Johnson v. State, 37 N.Y.2d 378, 372 N.Y.S.2d 638, 642, 334 N.E.2d 590 (1975)).

Defendants contend that this ‘guarantee of genuineness’ theory of recovery is effectively an alternative manifestation of the ‘direct duty’ theory. The Court agrees. Johnson involved a false death notification sent to plaintiffs. See 37 N.Y.2d at 379, 372 N.Y.S.2d 638,

Related

Wills v. United States Parole Commission
882 F. Supp. 2d 60 (District of Columbia, 2012)
In Re Air Crash at Belle Harbor
508 F. Supp. 2d 244 (S.D. New York, 2007)

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