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Rubin v. United Air Lines2/20/2002
CERTIFIED FOR PUBLICATION
An airline passenger brought suit against an airline and others after Los Angeles Police Department officers removed her from a commercial flight about to depart for Hawaii. Her suit alleged causes of action for false arrest, false imprisonment, assault, battery and emotional distress. The airline claimed it was entitled to summary judgment as a matter of law because a provision of the Airline Deregulation Act of 1978 expressly preempted her state law tort claims. In the alternative, the airline claimed it was also entitled to judgment as a matter of law because it acted within its statutory discretion by refusing to transport a passenger it decided was, or might be, inimical to airline safety. The trial court granted summary judgment in favor of the airline.
We hold a passenger whom the airline believes is, or might become, inimical to the safety of the aircraft or its passengers may be ejected from a flight without subjecting the airline to tort liability if at the time airline personnel had a reasonable basis for believing the passenger presented a safety risk. We further conclude the airline's actions in this case were reasonable as a matter of law. Accordingly, we affirm the summary judgment.
FACTS AND PROCEEDINGS BELOW
Appellant, Ms. Adrienne Rubin, decided to join her husband, Stanford Rubin, a trusts and estates attorney who was then in Hawaii. She purchased an airline ticket from respondent United Airlines, Inc. (United). She paid for a coach ticket and upgraded the ticket to first class by using her husband's frequent flyer miles.
On October 28, 1998, Ms. Rubin arrived at the Los Angeles International Airport approximately an hour before the plane was scheduled to depart. She went directly to the gate with her bags.
She waited in line a long time before she could present her ticket to the agent at the gate. Ms. Rubin had a first class itinerary card with a seat designation of 2F. However, the United computer showed no first-class reservation for her. The agent explained Ms. Rubin needed to surrender an additional 3,000 frequent flyer miles to qualify for a first class upgrade because, for some reason, 3,000 miles had been recredited to her husband's account. The agent directed Ms. Rubin to the customer service counter nearby.
Approximately 30 minutes remained before the flight for Hawaii was to depart. It took nearly 15 minutes for Ms. Rubin to reach the front of the line at the customer service counter. When the United agent finally located Ms. Rubin's frequent flyer account on the computer she discovered Ms. Rubin did not have the needed 3,000 miles in her account. Ms. Rubin told the agent to take the miles from her husband's account. Only 10 or so minutes remained before the plane was due to take off. The agent told Ms. Rubin to go to the gate while she continued to try to locate Mr. Rubin's frequent flyer account number.
Ms. Rubin went to the gate and told the gate agent she had a first class seat and wanted to board. The agent responded all first class seats on the flight had already been assigned. He explained the flight was very full but two or three seats were available in the coach section. The agent offered Ms. Rubin the option of taking one of the seats in coach or flying first class on a later flight. He apparently did not indicate a specific coach seat assignment. Ms. Rubin explained she had to leave on this flight because she and her husband had an engagement later in the day she did not want to miss. Ms. Rubin was adamant about wanting a first class seat, and on this particular flight.
The gate agent notified the service director on board the
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