 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Henson v. Southwest Airlines Co.11/30/2005
impermissible state enactment or enforcement of policies. First, Henson asserts a claim for punitive damages. Kiefer acknowledges that recovery for punitive damages is a factor that "could easily . . . [have] a greater regulatory effect than liability for actual damages." Kiefer, 920 S.W.2d at 282; see also Black, 116 S.W.3d at 751 ("And depending on the nature and extent of the damages sought, even simple negligence actions may constitute an impermissible regulation of the airline industry through state tort law."). Second, he makes a claim for mental anguish. This is yet another factor that could have an adverse regulatory affect on the airline industry. Kiefer, 920 S.W.2d at 282 (noting that "recovery of damages for mental anguish may or may not require accompanying physical injury, or aggravated conduct by the defendant, or be subject to other restrictions."). Third, allowing state courts to adjudicate tort law claims arising out of an airline's use of federally mandated security screening procedures has the potential for undermining the federal regulatory scheme and subjecting airlines to inconsistent multi- state litigation. This problem was recognized by the Texas Supreme Court in Black:
The fact that federal regulations expressly address airline boarding procedures strengthens our conclusion that Black's breach of contract claims resulting from Delta's boarding and seating procedures are preempted by the ADA. To hold otherwise could create extensive multi-state litigation, launching inconsistent assaults on federal deregulation in the airline industry, every time an airline reassigned a passenger's seat.
Black, 116 S.W.3d at 756; see also Morales, 504 U.S. at 378 (noting that the Act's preemption provision is intended " o ensure that the States would not undo federal deregulation with regulation of their own").
What clearly distinguishes this case is not just that Henson seeks exemplary damages and asserts mental anguish, but that his claims are based on "violation of state-imposed obligations," i.e. federally imposed passenger screening procedures, and not "the airline's alleged breach of its own, self-imposed undertakings." See Wolens, 513 U.S. at 228. We conclude the summary judgment evidence in this case establishes, as a matter of law, the affirmative defense of preemption under section 41713(b)(4)(A) of the Act. Furthermore, Henson failed to present summary judgment evidence raising an issue of fact precluding summary judgment. Therefore, the trial court did not err in granting summary judgment in Southwest's favor. Because of this conclusion, we will not address Henson's second issue.
The judgment of the trial court is affirmed.
AMOS L. MAZZANT JUSTICE
Page 1 2 3 4 5 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|