Trial News

James Armstrong, 67, who suffered from physical disabilities related to his military training, took a Hawaiian Airlines flight from Hawaii to Brisbane, Australia. A wheelchair attendant who was employed by the airline’s independent services contractor pushed Armstrong to baggage claim but told him that he would not help him retrieve his four large bags from the luggage carousel. Armstrong attempted to retrieve the bags himself and suffered a ruptured left bicep and aggravation of a left knee injury. He underwent surgery and suffered emotional distress as a result of his experience. His medical expenses were almost $50,000.

Armstrong sued Hawaiian Airlines, alleging that it was liable for the porter’s refusal to help him retrieve his bags in violation of the Montreal Convention. The defendant argued that Armstrong had been comparatively negligent and also asserted that the porter was not obligated to provide luggage assistance. During trial, the court ruled that the porter was the defendant’s agent.

The jury awarded $150,000, finding Armstrong 80% at fault.

Citation: Armstrong v. Hawaiian Airlines, No. 1:18CV00326 (D. Haw. Nov. 20, 2019).

Plaintiff counsel: AAJ members Dennis Potts and Trevor Potts, both of Honolulu.

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