A Pennsylvania woman can keep suing Southwest Airlines for hit on the head by case another passenger, has ruled a state appeals court.
The state Superior Court panel this week called a Flip Philadelphia County judge dismissing the suit filed by Chinweifenu Okeke-Henry.
Judge Victor P. Stabile wrote in the state court opinion that the county court incorrectly concluded that the Federal Aviation Act, which regulates the activities of airlines barred Okeke-Henry from suing the airline.
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The case revolves around Henry Okeke’s assertion-that she was injured when she was hit by carrying the luggage of another passenger aboard a Southwest flight to Denver, Colo., In December 2013.
Okeke-Henry says in her suit that the airline was negligent for not properly boarding procedures to protect monitor the safety of the passengers. They appeal to the courts after Stabile Philadelphia Judge Linda A. Timmerman last year dismissed her case.
Stabile noted that no previous decisions in his court or the state Supreme Court specifically address the conditions Okeke-Henry describes in her suit.
However, Stabile noticed the plane had not even left the boarding gate when Okeke-Henry claims that they hurt, so the FAA her attempt to compensate in the Pennsylvania courts may get can not prejudge. “There is no reason to conclude that the incident occurred during the operation of the aircraft to be so under the umbrella FAA preemption,” wrote the state court.
He sent the case back to the Philadelphia court for further action.
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