Robert A. Husmann v. Trans World Airlines, Inc.

169 F.3d 1151, 1999 U.S. App. LEXIS 3587, 1999 WL 115212
CourtCourt of Appeals for the Eighth Circuit
DecidedMarch 8, 1999
Docket98-1745
StatusPublished
Cited by43 cases

This text of 169 F.3d 1151 (Robert A. Husmann v. Trans World Airlines, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robert A. Husmann v. Trans World Airlines, Inc., 169 F.3d 1151, 1999 U.S. App. LEXIS 3587, 1999 WL 115212 (8th Cir. 1999).

Opinions

JOHN R. GIBSON, Circuit Judge.

Robert A. Husmann sued Trans World Airlines for injuries he sustained in a fall while boarding an airplane in London, England on October 5, 1991. The district court1 [1152]*1152denied Husmann’s motion to remand the case to state court for lack of subject matter jurisdiction and granted summary judgment to T.W.A., ruling that the two-year statute of limitations contained in the Warsaw Convention2 barred Husmann’s claim. We affirm.

Husmann was injured on October 5, 1991, when he tripped over luggage while boarding a T.W.A. flight from London, England to St. Louis, Missouri. On April 21, 1997, Hus-mann sued T.W.A. in Missouri state court. T.W.A. removed the case on the basis of federal question jurisdiction, specifically, the Warsaw Convention. The Warsaw Convention governs carrier liability for personal injuries sustained in an accident during international travel.

The district court granted summary judgment to T.W.A., concluding that Husmann’s claim was barred under the two-year statute of limitations contained in the Warsaw Convention.3 Husmann appeals, arguing that his claim is not governed by the Warsaw Convention and that the district court has no subject matter jurisdiction. He also contends that even if the Warsaw Convention applies, his claim was tolled during the time T.W.A. was under bankruptcy protection.

I.

Husmann first claims that the district court had no subject matter jurisdiction.

The existence of subject matter jurisdiction is a question of law that this court reviews de novo. See Osborn v. United States, 918 F.2d 724, 729-730 (8th Cir.1990).

Husmann contends that his petition was based on Missouri tort law, not the Warsaw Convention. He contends that the Convention does not completely preempt personal injury claims arising out of incidents on international flights, and that state law actions continue to exist. Because his petition in state court was not based on the Warsaw Convention and sought less than the damage limit of the Convention, Husmann argues there was no basis for federal jurisdiction under the “well pleaded complaint rule.” See Caterpillar, Inc. v. Williams, 482 U.S. 386, 392, 107 S.Ct. 2425, 96 L.Ed.2d 318 (1987). The well pleaded complaint rule provides that federal jurisdiction exists only when a federal question is presented on the face of the plaintiffs properly pleaded complaint. See id. Husmann contends that he relied only on state law, and that there is no basis for deciding the case under federal law. Husmann concedes that if there is complete preemption, then his claim is converted to a federal claim. “Once an area of state law has been completely pre-empted, any claim purportedly based on that pre-empted state law is considered, from its inception, a federal claim, and therefore arises under federal law.” Id. at 393,107 S.Ct. 2425.

Husmann contends that his case is governed by the five-year statute of limitations contained in Missouri law. See Mo.Rev.Stat. § 516.120 (1994). Husmann admits that even under Missouri law his suit would “ordinarily” be barred because he arrived at his destination on or about October 6, 1991, and he did not file suit until April 17, 1997. He claims, however, that his suit was tolled during the period when he could not bring suit under the automatic stay provision of section 362 of the Bankruptcy Code. See 11 U.S.C. § 362 (1994).

T.W.A. filed a voluntary petition for bankruptcy on January 31, 1992. The bankruptcy court lifted the permanent injunction and authorized suits against T.W.A. to the extent of insurance coverage on April 6, 1995. T.W.A. filed a second petition for bankruptcy on June 30, 1995. Husmann claims these bankruptcy filings tolled the statute for over three years, and thus, he falls within the five-year limit of Missouri law.

Although the Eighth Circuit has not decided whether the Warsaw Convention preempts state law causes of action, we do not write on a blank slate. The Second and Fifth Circuits have both considered the question and decided that the Warsaw Conven[1153]*1153tion preempts state law causes of action. See Shah v. Pan American World Serv. Inc., 148 F.3d 84, 97-98 (2d Cir.1998), cert. denied, — U.S. -, -, 119 S.Ct. 1033, 1034, 143 L.Ed.2d 42 (1999); Fishman v. Delta Air Lines, Inc., 132 F.3d 138, 141 (2d Cir.1998); In re Air Disaster at Lockerbie, Scotland, 928 F.2d 1267, 1278 (2d Cir.1991), cert. denied, 502 U.S. 920, 112 S.Ct. 331, 116 L.Ed.2d 272 (1991); Potter v. Delta Air Lines, Inc., 98 F.3d 881, 884-87 (5th Cir.1996); Boehringer-Mannheim Diagnostics, Inc. v. Pan American World Airways, Inc., 737 F.2d 456, 458 (5th Cir.1984), cert. denied, 469 U.S. 1186, 105 S.Ct. 951, 83 L.Ed.2d 959 (1985).

In finding federal preemption, the Second and Fifth Circuits relied on the fact that the announced goals of the Warsaw Convention were to provide uniformity and certainty in the laws governing international air carrier liability. The courts concluded that allowing state causes of action for death and injuries suffered by passengers on international flights would frustrate these goals. See Lockerbie, 928 F.2d at 1275; Boehringer-Mannheim, 737 F.2d at 459; Potter, 98 F.3d at 885. As the Second Circuit succinctly stated: “[T]he existence of state causes of action would not only result in the inconsistent application of law to the same accident, but also would cause enormous confusion for airlines in predicting the law upon which they would be called to respond.” Lockerbie, 928 F.2d at 1276.

Husmann contends that remanding his claim to state court will not violate the purposes of the Warsaw Convention because his claim does not exceed the specified maximum amount of damages under the Convention. For support, Husmann relies on three district court decisions,4 which have held that the Warsaw Convention supplies only the exclusive remedy for claims arising from international transportation, and that state law claims are viable as long as they are subject to the limitations of the Convention. After carefully considering the district court decisions, we conclude that they are unpersuasive. Permitting a state court action would undermine the “uniformity” and “certainty” embodied in the Warsaw Convention. See Zicherman v. Korean Air Lines Co., 516 U.S. 217, 230, 116 S.Ct.

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Bluebook (online)
169 F.3d 1151, 1999 U.S. App. LEXIS 3587, 1999 WL 115212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-a-husmann-v-trans-world-airlines-inc-ca8-1999.