Singh ex rel. Singh v. Caribbean Airlines Ltd.

49 F. Supp. 3d 1108, 2014 U.S. Dist. LEXIS 144115, 2014 WL 4953246
CourtDistrict Court, S.D. Florida
DecidedSeptember 18, 2014
DocketCase No. 13-20639-CIV
StatusPublished

This text of 49 F. Supp. 3d 1108 (Singh ex rel. Singh v. Caribbean Airlines Ltd.) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Singh ex rel. Singh v. Caribbean Airlines Ltd., 49 F. Supp. 3d 1108, 2014 U.S. Dist. LEXIS 144115, 2014 WL 4953246 (S.D. Fla. 2014).

Opinion

ORDER SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS OF LAW

CECILIA M. ALTONAGA, District Judge.

This case concerns claims brought on behalf of Rovin Singh (“Mr. Singh”) by his sister Soorajnine Singh (“Ms. Singh”); and on behalf of Mr. Singh’s minor children, J.S., V.S., Jy.S., and Ve.S., through then-mother, Cyndiana Singh (collectively, “Plaintiffs”); against Defendant, Caribbean Airlines Limited (“CAL”), following Mr. Singh experiencing a massive stroke aboard a CAL flight. The matter proceeded to trial before the undersigned1 starting on March 12, 2014, and concluding on March 31, 2014.

Three issues were presented at trial. The first was whether the flight crew’s response to Mr. Singh’s stroke constitutes an “accident” pursuant to the Convention for the Unification of Certain Rules for International Carriage by Air (the “Montreal Convention”), May 28, 1999, S. Treaty Doc. No. 106-45 (2000), 2242 U.N.T.S. 350, such that Plaintiffs may recover damages from CAL. Assuming an accident occurred, the next issue was whether the accident caused Mr. Singh’s complained-of injuries. If Plaintiffs prevailed on these first two questions, the last issue was what amount of damages serves to compensate Plaintiffs for those injuries.

The Court has carefully considered the testimony of the witnesses, the voluminous exhibits admitted in evidence, the parties’ written submissions, and applicable law. Based on its review of the record and pursuant to Federal Rule of Civil Procedure 52(a)(1), the Court makes the following findings of fact and conclusions of law, answering only the first question.

I. FACTUAL FINDINGS2

Mr. Singh and his sister Ms. Singh, a nurse’s aide, were passengers aboard CAL flight BW 484 from Port of Spain, Republic of Trinidad and Tobago (“Trinidad”), to Miami, Florida, on December 15, 2011. At the time, Mr. Singh was a forty-year-old pool contractor, divorced, with four young daughters. His mother died from a stroke at the age of fifty-six. Mr. Singh and Ms. Singh were returning to Miami after having attended a funeral in Trinidad.

Flight BW 484 departed Port of Spain at approximately 7:50 a.m. EST, operated by Captain Shafeez Shageer (“Captain Sha-geer”) and First Officer Monique Nobrega (“Officer Nobrega”). Captain Shageer was a pilot with more than 36 years of experience, and Officer Nobrega was hired to work starting in 1999. Check airman,3 Captain Yanlal Dass, was also present in the cockpit to monitor Captain Shageer’s flight operations that day. Irina Blake (“Blake”), with 27 years of experience, was the purser on the flight; and Doddy Bis-soondath-Santiago (“Bissoondath-Santia-go”), with 23 years of experience, was one of the flight attendants.

[1111]*1111It is not certain when Mr. Singh began to experience stroke-like symptoms, but from the collective memories of those who were present and testified, it appears to have been one-and-a-half hours into the flight that Ms. Singh noticed Mr. Singh was not feeling well, and she activated the in-flight call button to seek help from the flight attendants. A number of medical records state Ms. Singh reported her brother went to the plane’s bathroom, returned, and had an “episode of emesis” at approximately 9:30 a.m. (Initial Neurological Exam by Dr. Sebastian Koch, Tr. Ex. 26,1). Mr. Singh was losing consciousness and had slumped in his seat to his left side. Bissoondath-Santiago responded and, after observing Mr. Singh, believed he was having a stroke. Bissoondath-Santiago notified Blake, whose job as purser is to relay information regarding issues in the cabin to those in the cockpit, although it is unclear if Bissoondath-Santiago specifically informed Blake Mr. Singh was having a stroke. Blake did not think Mr. Singh was having a stroke when she initially observed him, as he was not exhibiting the typical symptoms of a stroke.

The CAL Safety and Emergency Procedures Manual (“CAL Safety Manual”) states in the event of a stroke, crew should reassure the passenger and relatives, support any weak limbs, give oxygen if required, monitor the pulse and general condition, and note the level of consciousness every ten minutes. (See CAL Safety Manual, Ch. 10, § 1.9). Consistent with these instructions, the cabin crew gave Mr. Singh oxygen. Nitroglycerin is not indicated for a passenger having symptoms of a stroke, but the crew improperly gave Mr. Singh a nitroglycerin tablet.4

Blake then notified the crew in the cockpit there was an ill passenger (although ■ she did not mention he might be having a stroke) and the situation was being monitored. Had Blake advised Captain Sha-geer the passenger might be having a stroke, the Captain’s response may have been different, as he may have considered diverting the plane to Puerto Rico after contacting medical personnel and the airport in Puerto Rico. According to Officer Nobrega, the cockpit crew was notified of the medical emergency approximately one- and-a-half hours into the flight. Again consistent with the CAL Safety Manual, Captain Shageer instructed Blake to keep the cockpit crew informed of the passenger’s condition.

Some ten minutes later, Mr. Singh removed the oxygen and went to the bathroom. According to Blake, Mr. Singh’s condition appeared to have improved. Upon his return to his seat, however, Mr. Singh vomited and his left side appeared paralyzed. Oxygen was again administered. Thereupon Blake notified the cockpit crew the situation had become serious.

CAL, like other airlines, uses Me-dAire/Medlink,5 a company that provides airlines with emergency physicians for consultation via a radio frequency patch. But this service is not utilized immediate[1112]*1112ly; according to Officer Nobrega many passengers who fall ill are fíne ten to fifteen minutes later. Once the cockpit crew was informed there was a true medical emergency, and consistent with CAL procedures, the cockpit crew knew to contact MedAire/Medlink. Officer Nobrega asked Blake to gather certain information and include it on a “MedAire Patch Checklist,” a form found in the CAL Safety Manual, such as the passenger’s name, age, and medical history. This instruction was in keeping with CAL procedures addressing the handling of a medical emergency during flight. Blake obtained the MedAire information and returned to the cockpit.

Following CAL medical emergency procedures, Blake had previously used the plane’s intercom system to page for any doctors who might be aboard the plane. Although he did not respond immediately, Mahmoud Sabha (“Sabha”), a second-year medical student, identified himself as someone who might be able to assist. He was asked to sit next to Mr. Singh and his sister. Upon gazing at Mr. Singh, Sabha believed he was having a stroke.

Once Blake gave Officer Nobrega the MedAire Checklist information, the cockpit crew requested a frequency clearance from Miami Air Traffic Control to secure a Medlink “patch.” This process took another few minutes. A patch was connected between the service provider and the flight crew at approximately 9:50 a.m., but the conversation began at approximately 10:00 a.m. This call lasted approximately 20 minutes. ■

A Medlink operator, Michelle Tyler, spoke first with Officer Nobrega, and then about five minutes later a Medlink on-call physician, Dr. Robb Leigh (“Dr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Blansett v. Continental Airlines, Inc.
379 F.3d 177 (Fifth Circuit, 2004)
Krys v. Lufthansa German Airlines
119 F.3d 1515 (Eleventh Circuit, 1997)
Air France v. Saks
470 U.S. 392 (Supreme Court, 1985)
El Al Israel Airlines, Ltd. v. Tsui Yuan Tseng
525 U.S. 155 (Supreme Court, 1999)
Olympic Airways v. Husain
540 U.S. 644 (Supreme Court, 2004)
Stanley Abramson v. Japan Airlines Co., Ltd
739 F.2d 130 (Third Circuit, 1984)
Best v. BWIA West Indies Airways Ltd.
581 F. Supp. 2d 359 (E.D. New York, 2008)
Tandon v. United Air Lines
926 F. Supp. 366 (S.D. New York, 1996)
Fulop v. Malev Hungarian Airlines
244 F. Supp. 2d 217 (S.D. New York, 2003)
Aziz v. AIR INDIA LTD.
658 F. Supp. 2d 1144 (C.D. California, 2009)
Ugaz v. American Airlines, Inc.
576 F. Supp. 2d 1354 (S.D. Florida, 2008)
Rajcooar v. Aria India Ltd.
89 F. Supp. 2d 324 (E.D. New York, 2000)
Fulop v. Malev Hungarian Airlines
175 F. Supp. 2d 651 (S.D. New York, 2001)
Weiss v. El Al Israel Airlines, Ltd.
433 F. Supp. 2d 361 (S.D. New York, 2006)
Shawn Carriker v. Emirates Airlines, Inc.
493 F. App'x 526 (Fifth Circuit, 2012)
Safa v. Deutsche Lufthansa Aktienge-Sellschaft, Inc.
42 F. Supp. 3d 436 (E.D. New York, 2014)
Rodriguez v. Ansett Australia Ltd.
383 F.3d 914 (Ninth Circuit, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
49 F. Supp. 3d 1108, 2014 U.S. Dist. LEXIS 144115, 2014 WL 4953246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/singh-ex-rel-singh-v-caribbean-airlines-ltd-flsd-2014.