FlyersRights.org and Travelers United have united to petition the Supreme Court regarding the personal injury claim of an aggrieved airline passenger denied by a Federal Appeals Court, the organization said.
In a short 2-1 decision, the 9th Circuit US Court of Appeals struck a blow against airline passenger rights with claims against airlines by refusing to recognize claims filed within another country, unless also filed in a US court with two years.
FlyersRights.org and Travelers United have filed an amicus curiae brief with the Supreme Court in support of the aggrieved passenger´s appeal.
In Von Schoenebeck v. KLM, a seat back collapsed on the head of a passenger on a flight from South Africa to San Francisco, causing severe spinal injuries. The airline refused compensation, even up to the strict liability amount found in the Montreal Convention.
FlyersRights.org said the decision needs review by the United States Supreme Court which has yet to interpret the Montreal Convention´s statute of limitations.