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Personal Injury
Airplane Product Liability

Addas Saadat and Armin Rea Saadat, individually and as personal representative and successor-in-interest to the Estate of Sara Saadat v. Ukraine International Airlines

Published: Apr. 19, 2024 | Result Date: Aug. 21, 2023 | Filing Date: Jan. 6, 2022 |

Case number: 3:22-cv-00014-H-JLB Bench Decision –  Dismissal

Judge

Marilyn L. Huff

Court

USDC Southern District of California


Attorneys

Plaintiff

John P. Kristensen
(Carpenter & Zuckerman)

Jesenia A. Martinez
(Wilshire Law Firm PLC)


Defendant

Benedict E. Idemundia
(Clyde & Co US LLP)


Facts

Sara Saadat was on a Ukraine International Airlines flight taking her from Iran to Ukraine eventually taking her to her final destination in San Diego. Three minutes after the Ukraine Airline took off, it was struck by two missiles. Sara's father and brother sued Ukraine Airlines in USDC Southern, arguing that despite numerous warnings and hostilities between Iran and other countries days and hours before the crash, Ukraine Airlines negligently continued with the flight, resulting in Sara and other passengers' deaths. Ukraine Airlines, however, asserted that dismissal was appropriate due to lack of jurisdiction both subject matter and personal; insufficient service of process; and forum non conveniens.

Result

The court agreed with defendant and granted its motion to dismiss based on *forum non conveniens*, and lack of subject matter and personal jurisdiction. Moreover, as it lacked subject matter jurisdiction, the dismissal was with prejudice.


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