Written by Linda Chiem (August 23, 2022 at 5:04 pm EDT) -The Tenth Circuit said SkyWest Airlines will have to face the personal injury lawsuit alleging that the flight attendant negligently struck her with a cart containing drinks ruling that the federal law that governs the airline’s operations does not protect SkyWest from claims by the victim.
The three-judge panel of an appeals court on Monday overturned the Utah district court’s decision to dismiss Kelly Day’s claim for damages in the event of injuries she suffered after an SkyWest flight attendant hit the cart with a drink into her shoulder on an aircraft in January 2019 that flew between Oregon towards Texas.
The panel ruled that Day’s negligent as well as breach of contract lawsuits cannot be preempted in Airline. Airline…
