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Trials Digest's "Case of the Week"

28 Trials Digest 13th 6

Airplane passenger sustains leg injury on international flight

Type of Case:
Common Carrier - Other
Aviation - Negligence-Other

Jurisdiction:
State: California
Court: Central District Federal Court/Los Angeles

Case Name:
Deupree vs. EgyptAir Corporation

Docket/File Number:
09CV01637(SJO)

Judge:
S. James Otero

Trial Type:
Bench

Judgment Date:
April 20, 2010

Judgment Amount:
$153,000

The court awarded plaintiff $153,000, including special damages of $12,553.

Attorneys:
Plaintiff: Stuart R. Fraenkel, Kreindler & Kreindler, Los Angeles; Gretchen M. Nelson, Kreindler & Kreindler, Los Angeles; Jennifer Johnston Terando, Kreindler & Kreindler, Los Angeles.

Defendant: Christopher Carlsen, Clyde & Co US, San Francisco; Geneva A. Collins, Clyde & Co US, San Francisco; Kevin R. Sutherland, Clyde & Co US, San Francisco.

Facts/Contentions:
According to court records: Plaintiff Carol Deupree was traveling as part of a tour group to Egypt and Turkey on March 13, 2007 on EgyptAir flight 986 from New York to Cairo. She was sitting in a bulkhead seat, reading a book, when a large cart fell over and struck her left leg. She said she immediately experienced a sharp pain in her leg, and discovered she had a bleeding wound.

A nurse on her tour examined her leg and informed the flight crew that plaintiff would need to keep her leg elevated and iced. The nurse requested cloths to dress the wound. Plaintiff said she was worried that her diabetes and a history of DVT and blood clots could lead to a serious medical problem on the long flight.

The nurse informed the flight crew that plaintiff's leg should be examined by a physician upon landing. She further informed the flight crew she believed plaintiff should have X-rays and other tests to examine for broken bones or clotting complications.

Plaintiff was transported to an emergency room upon arrival in Cairo. Her leg was X-rayed and examined by a doctor, who told her that it would take two weeks for her leg to heal. He gave her medication and advised her to keep her leg elevated as much as possible. Plaintiff had multiple risk factors for complications that appeared not to be appreciated by the physician in Cairo, including diabetes; a history of DVT in her left lower leg, which required Coumadin therapy; the fact that she was on Coumadin therapy; and the fact that she had previously broken her left lower extremity and had two foreign bodies in her system (a pin in her left tibia and an artificial hip).

Plaintiff said two EgyptAir representatives visited her in the hospital, including the flight attendant, who apologized for not securing the cart. They reportedly assured her she would be given aisle seats on her flights so that she could extend her leg.

Plaintiff said she was unable to enjoy her trip because she was confined to the tour bus or her hotel room, and eventually she had to leave the trip early because she was developing cellulitis.

Plaintiff said she had great difficulty getting back to the United States. EgyptAir finally flew her from Istanbul to Cairo, where she had a 17-hour layover before a flight to JFK. Plaintiff said she was forced to sit in a middle seat on the Istanbul-Cairo flight. She said that when she arrived in Cairo and expressed concern about the 17-hour wait, a representative grabbed her ticket, and she was driven by someone who appeared not to speak English to a hotel, where she was told they had no rooms. She said she waited in the hotel lobby in a wheelchair for several hours. She claimed she did not know why she was there and she had not gotten her passport back. She attempted to make phone calls from the hotel for advice, but was unable to reach anyone.

Eventually, plaintiff claimed, she was given a cot in an office and told she would sleep there for the night. The next morning, she was not allowed to leave until she paid for her phone call with Egyptian money, which she did not have. They finally let her go to the airport after she told them they would have to arrest her because she had no cash.

When she arrived in Los Angeles, she was seen in the emergency department at Huntington Memorial Hospital on March 24, 2007, where she was diagnosed with cellulitis and an infection. She was told amputation was a risk, if the cellulitis and infection got worse. She said she underwent wound debridements and was forced to use a cane and employ outside assistance for household chores for several months.

Plaintiff alleged defendant EgyptAir Corporation was negligent as a common carrier.

Defendant contended the plaintiff's claims for mental injuries were limited by the Warsaw Convention, that the claims arising from the layover in Cairo were barred by the Montreal Convention, the Foreign Sovereign Immunities Act, and plaintiff's contributory negligence. Defendant said any increase in the infection in her leg was caused by her delay in her return to the United States. Defendant noted that once she decided to return, she was back in the United States within two days.

Claimed Injuries:
According to court records: Laceration to lower left leg; cellulitis; intravenous antibiotics; debridements; pain; scar; anxiety; emotional distress.

Claimed Damages:
According to court records: $11,607 medical expenses; $5,000 future medical expenses; $10,000 plastic surgery; $3,755 out-of-pocket expenses for her trip to Cairo.

Settlement Discussions:
According to court records: Not reported.

Experts:
Plaintiff: Nayiri Doudikian-Scaff, M.D., plastic surgeon, Pasadena, (626) 432-4600.; Nalini Mattai, M.D., family practice, Pasadena.; Maria X. Vargas, M.D., emergency physician, Pasadena, (626) 347-7762.

Defendant: Not reported.

Expert Testimony:
Not reported.

Comments:
According to court records: The complaint was filed on March 9, 2009.

Westlaw Citation:
2010 WL 2696944

Trials Digest Citation:
28 Trials Digest 13th 6