United Should Face Suit Over Baby Flyer’s Heat Collapse: Judge

Nov. 20, 2019, 8:05 PM UTC

Federal law doesn’t block a woman’s suit against United Airlines Inc. and a partner airline over allegedly hot conditions in a delayed airplane that resulted in her infant’s emergency hospitalization, a federal court in Colorado said.

The recommendation by Magistrate Judge N. Reid Neureiter of the U.S. District Court for the District of Colorado addressed a circuit split, and different Tenth Circuit holdings, on the Federal Aviation Act’s effect on personal injury suits.

The statute and related regulations don’t preempt plaintiff Emily France’s negligence per se claim, Neureiter said Nov. 19.

France alleges she and her 4-month-old son were on ...

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