Facts

Plaintiff Elin Phifer boarded a plane operated by Icelandair for a flight from Minneapolis to Iceland on Sept. 2, 2006. Phifer purportedly struck her head on a screen over her seat and brought suit.

PLAINTIFF'S CONTENTIONS:
Phifer claimed that her injury resulted in a negligence claim under the Montreal Convention. She argued that the airline crew failed to raise the screen for passengers to access their seats.

DEFENDANT'S CONTENTIONS:
Icelandair argued that the incident never occurred and, if it had, Phifer would be solely negligent. Also, Icelandair argued that the claim was not actionable under the Montreal Convention, which requires causation by an unexpected external circumstance. Phifer's injuries, they argued, either did not exist or were not as severe as she alleged.

Damages

Phifer sought damages for medical expenses, loss of income, and pain and suffering.

Injuries

Phifer claimed soft-tissue head injuries and brain injury trauma. She claimed she experienced memory loss and motor coordination deficiencies.

Result

Finding that the claimed incident did not meet the Montreal Convention's definition of an accident, the court granted defendant's motion for summary judgment.