Olympic Airways v. Husain
Feb 24, 2004OUTCOME: Plaintiff win affirmed by the U.S. Supreme Court
Olympic Airways v. Husain, 124 S. Ct. 1221, 157 L.Ed.2d 1146(2004), rehearing den. 2004 U.S. LEXIS 3048, 72 U.S.L.W. 3658. Landmark decision holding that the death of passenger from second-hand cigar ... ette smoke constituted an "accident" under the Warsaw Convention and was thus compensable; crew's failure to move passenger from vicinity of smoking section constituted "willful misconduct" under the Warsaw Convention, thus entitling plaintiffs to compensation above the $75,000 cap on damages.