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Tuesday, October 19, 2004

Indiana Decisions - One today from the Court of Appeals

Delta Airlines, et al. v. Bryan & Jennifer Cook (10/19/04 IndCtApp) [Torts; Contracts]
Najam, Judge

* * * The Cooks filed a small claim in Marion County against ACA, Delta, and Globe, and the court entered judgment in favor of the Defendants. The Cooks then appealed to the Marion Superior Court See footnote and filed a complaint against the Defendants alleging negligent infliction of emotional distress and breach of contract. The Cooks maintained in relevant part that ACA and Delta were negligent in permitting Girard to board the flight despite his display of erratic behavior prior to boarding. The Cooks subsequently filed a motion to compel discovery, alleging that the Defendants had failed to produce a requested copy of the passenger manifest for the flight at issue. The trial court granted that motion.

ACA filed a motion for summary judgment alleging that it was entitled to judgment as a matter of law because: (1) the Cooks’ claims are preempted by federal law; (2) their complaint is barred for failure to timely file their appeal with the Marion Superior Court; and (3) the Cooks are not entitled to damages under Indiana’s modified impact rule. Delta and Globe also filed a joint motion for summary judgment alleging that they were entitled to judgment as a matter of law because: (1) the Cooks are not entitled to damages under Indiana’s modified impact rule; (2) the undisputed evidence shows that there was no breach of contract; and (3) the undisputed evidence shows that Delta and ACA are not partners, as the Cooks alleged in their complaint.

Following a hearing, the trial court entered partial summary judgment in favor of each of the Defendants and denied their motions in part. In particular, the trial court concluded, as a matter of law, that neither Delta nor ACA breached any contract with the Cooks, that federal law does not preempt the Cooks’ claims, that Delta is not liable to the Cooks on their negligence claims, and that the Cooks’ claims are not precluded under Indiana’s modified impact rule. This interlocutory appeal and cross-appeal ensued. * * *

Conclusion. In sum, the trial court did not err when it: (1) concluded that the Cooks’ tort claims are not preempted by federal law; (2) concluded that the Cooks have stated a claim upon which relief can be granted; (3) concluded that the Cooks’ appeal of the Small Claims Court’s decision was timely; and (4) granted the Cooks’ motion to compel discovery. But we hold that there are genuine issues of material fact regarding whether Delta and ACA breached the terms of their contracts with the Cooks. Thus, we reverse the trial court’s entry of summary judgment in favor of Delta and ACA on the breach of contract claims and remand for further proceedings consistent with this opinion. Finally, the Cooks have waived appellate review of whether the trial court erred when it entered summary judgment in favor of Delta on their negligence claims.
Affirmed in part, reversed in part, and remanded for further proceedings.
SULLIVAN, J., and BARNES, J., concur.

Posted by Marcia Oddi on October 19, 2004 02:09 PM
Posted to Indiana Decisions