Facts

Ndiforchu Alfred Tamunang (Decedent) purchased a round-trip ticket on Air France from Los Angeles to Douala, Cameroon by way of Paris. At the start of the flight's descent into Paris, flight attendants discovered Decedent stretched out into three seats. Decedent's eyes were rolled back, was not breathing, and had no pulse. Five flight attendants attempted to resuscitate Decedent to no avail. The U.S. State Department's Report of Death of U.S. Citizen Abroad indicated that Decedent died of natural causes. A later autopsy conducted in Cameroon determent Decedent's cause of death was "accidental asphyxiation." Nicoline Ambe and the Estate of the Decedent brought an action for strict liability and negligence against Air France pursuant to the Convention of the Unification of Certain Rules Relating to International Carriage (Montreal Convention).

PLAINTIFFS' CONTENTIONS: Plaintiff contended that Decedent died not of natural causes, but rather by an "accidental asphyxia." Plaintiff contended Decedent's death was an "accident" under the Montreal Convention. Plaintiff contended that Dr. Wanji Rene's declaration regarding Decedent's cause of death is admissible and expert testimony. Plaintiff contended that Decedent's death was "an unusual or unexpected event that was external to him" and that defendant did not follow its own medical protocols. Plaintiff contended that defendant failed to seek the assistance of a ground-based doctor. Plaintiff contended defendant improperly administrated saline and failed to properly use a defibrillator.

DEFENDANT'S CONTENTIONS: Defendant denied all of the contentions. Defendant contended that Decedent's death was not an "accident" under the Montreal Convention because Decedent died of "natural causes". Defendant contended the allegation that Decedent died by an "accidental asphyxia" is not supported by admissible evidence. Defendant contended that Dr. Nsahlai's opinions regarding Decedent's death are not admissible.

Result

Defendant's motion for summary judgment was granted and plaintiff's motion for summary judgment was denied.