Trivelloni-Lorenzi v. Pan American World Airways, Inc.

Fifth Circuit

Trivelloni-Lorenzi v. Pan American World Airways, Inc.

883 F.2d 17, 1989 WL 95601

CourtCourt of Appeals for the Fifth Circuit

DecidedSeptember 8, 1989

DocketNos. 84-3832, 84-3833

StatusPublished

Cited by1 cases

This text of 883 F.2d 17 (Trivelloni-Lorenzi v. Pan American World Airways, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Trivelloni-Lorenzi v. Pan American World Airways, Inc., 883 F.2d 17, 1989 WL 95601 (5th Cir. 1989).

Pincite

Opinion

On Remand from the United States Supreme Court, 109 S.Ct. 1928.

Before CLARK, Chief Judge, and GEE, GARZA, REAVLEY, POLITZ, KING, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, and DUHE, Circuit Judges.*

PER CURIAM:

The decision of this court sitting en banc, In re Air Crash Disaster Near New Orleans, La., 821 F.2d 1147 (5th Cir.1987), which reinstated in part the panel opinion reported at 789 F.2d 1092, has been vacated by the Supreme Court and remanded to this court for further consideration in light of Chan v. Korean Air Lines, Ltd., 490 U.S.-, 109 S.Ct. 1676, 104 L.Ed.2d 113 (1989). The Chan case concerns the limitation of damages for injury or death of international air travelers imposed by the 1929 Warsaw Convention as modified in 1966 by the Montreal Agreement.

I.

In remanding for further consideration in light of its decision in Chan, the Supreme Court neither expressed nor intimated any disagreement with or criticism of any part of our en banc opinion other than that relating to the limitation of damages for international air travelers. Accordingly, save and except as to damages we reinstate the opinion of the en banc court, including the concurrences and dissents, and affirm the judgments of the district court.

II.

As to damages, the judgments of the district court are vacated and the cases are remanded for reconsideration of the amount of damages. Consistent with the holding in Chan v. Korean Air Lines, Ltd., in determining the amount of damages the district court shall apply the limitations imposed by the Warsaw Convention, as mod[18]*18ified by the Montreal Agreement, unless there is sufficient reason to make the damage limitation inapplicable, other than the size of the type used in printing the damage-limitation warning.

AFFIRMED in part, VACATED in part and REMANDED.

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

On Remand from the United States Supreme Court, 109 S.Ct. 1928.

Before CLARK, Chief Judge, and GEE, GARZA, REAVLEY, POLITZ, KING, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, and DUHE, Circuit Judges.*

PER CURIAM:

The decision of this court sitting en banc, In re Air Crash Disaster Near New Orleans, La., 821 F.2d 1147 (5th Cir.1987), which reinstated in part the panel opinion reported at 789 F.2d 1092, has been vacated by the Supreme Court and remanded to this court for further consideration in light of Chan v. Korean Air Lines, Ltd., 490 U.S.-, 109 S.Ct. 1676, 104 L.Ed.2d 113 (1989). The Chan case concerns the limitation of damages for injury or death of international air travelers imposed by the 1929 Warsaw Convention as modified in 1966 by the Montreal Agreement.

I.

In remanding for further consideration in light of its decision in Chan, the Supreme Court neither expressed nor intimated any disagreement with or criticism of any part of our en banc opinion other than that relating to the limitation of damages for international air travelers. Accordingly, save and except as to damages we reinstate the opinion of the en banc court, including the concurrences and dissents, and affirm the judgments of the district court.

II.

As to damages, the judgments of the district court are vacated and the cases are remanded for reconsideration of the amount of damages. Consistent with the holding in Chan v. Korean Air Lines, Ltd., in determining the amount of damages the district court shall apply the limitations imposed by the Warsaw Convention, as mod[18]*18ified by the Montreal Agreement, unless there is sufficient reason to make the damage limitation inapplicable, other than the size of the type used in printing the damage-limitation warning.

AFFIRMED in part, VACATED in part and REMANDED.

In Re Air Crash Disaster Near New Orleans, Louisiana on July 9, 1982. Luis Alberto Trivelloni-Lorenzi, and Susanna Electra Trivelloni-Lorenzi v. Pan American World Airways, Inc., Ernesto Serio Pampin Lopez, Individually and as Administrator of the Estate of His Deceased Mother Sara E. Lopez De Pampin v. Pan American Airways, Inc., and United States of America

883 F.2d 17 (Fifth Circuit, 1989)

Cite This Page — Counsel Stack

Bluebook (online)

883 F.2d 17, 1989 WL 95601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trivelloni-lorenzi-v-pan-american-world-airways-inc-ca5-1989.

Opinion

Related

Cite This Page — Counsel Stack