Warsaw Convention applies to domestic flights booked as part of single journey with origin and destination outside United States

Law Reporter, Sep 1999

Haldimann v. DeltA: Airlines, Inc., 168 F.3 1324 (D.C

Cir. 1999).

The D.C. Circuit Court of Appeals ruled that under the Warsaw Convention, 49 U.S.C. Sec 40105, an international flight can include domestic flights that are booked and ticketed simultaneously as part of a journey outside the United States.

Here, Haldimann booked a flight with an international carrier for travel from Switzerland to Washington, D.C., and then back to Switzerland one month later. At the same time, she arranged with the airline for flights from Washington to Pensacola, Florida, then on to Gainesville, Florida, and finally back to Washington in time for her flight back to Switzerland.

During the Pensacola-to-Gainesville leg of her trip, Haldimann was injured when one of the engines caught fire during preparation for takeoff She sued the airline for her injuries.

Defendant moved for partial summary judgment on the nature of the Pensacola-to-Gainesville flight, arguing that the trip was "international transportation" under the Warsaw Convention and, thus, defendant's liability was limited to $75,000. The trial court granted the motion.

Affirming, the appellate court rejected plaintiff's arguments that the convention was inapplicable because the flights inside the United States and those between Washington and Switzerland were separate journeys, the tickets for each journey were in separate books, and the entire trip took more than a month.

The court turned to the statute's language, which defines "international transportation" as transportation in which the place of departure and the place of destination, regardless of a break in transportation, are situated within the territory of either two signatories to the treaty or one if there is a stopover in another nation.

The court also noted that, according to the treaty, transportation to be performed by successive carriers is one undivided journey if it has been regarded by the parties as a single operation. Citing case law, the court pointed out that many courts have agreed that simultaneous issuance of ticket booklets at a single place is sufficient to establish the single operation required by the convention. No court has regarded the issuance of tickets in separate books or the duration of the trip as factors that militate against finding a single operation.