## Facts

- Violet Ulen purchased a ticket for international air travel from Washington National Airport to Mexico City on an American Airlines flight departing shortly after midnight on February 23, 1945.
- The aircraft crashed near the summit of Glade Mountain in southwest Virginia, killing both pilots and causing Violet Ulen severe injuries and permanent partial disability.
- Violet Ulen sued American Airlines for personal injury and property damage, alleging negligent flight planning/approval and unskillful operation of the aircraft.
- Francis Graeme Ulen, her husband, filed a separate action seeking recovery for medical expenses and loss of services.
- American Airlines admitted basic factual allegations but denied negligence and contested knowledge of the extent of Violet Ulen’s injuries.
- Plaintiffs served extensive interrogatories; American answered them in detail.
- Based on the pleadings and interrogatory answers, the district court entered summary judgment for plaintiffs on liability only and held a jury trial on damages, resulting in awards of $25,000 to Violet and $2,500 to Francis.
- After responding to interrogatories, American amended its answer to invoke the Warsaw Convention’s liability limitation absent willful misconduct.

## Issues

1. Whether a court may consider answers to interrogatories when deciding a motion for summary judgment on liability.
2. Whether the pleadings and interrogatory answers left any genuine dispute of material fact on the carrier’s liability.
3. Whether the Warsaw Convention’s limitation on damages applied, or was unavailable because the carrier’s conduct constituted willful misconduct.

## Decision

- The D.C. Circuit affirmed the judgments for both plaintiffs.
- The court held that interrogatories and their answers may be considered as part of the summary-judgment record.
- The court held that American’s interrogatory responses eliminated any genuine dispute of material fact on liability, making summary judgment on liability proper.
- The court held that the record supported a finding of willful misconduct, preventing American from invoking the Warsaw Convention’s limitation of liability.

## Legal Principles

- Summary judgment is appropriate when the record shows no genuine dispute of material fact and the movant is entitled to judgment as a matter of law.
- In ruling on summary judgment, courts may evaluate discovery materials, including answers to interrogatories, in addition to the pleadings.
- A defendant’s own discovery responses may establish the absence of a triable issue on essential elements of liability.
- Under the Warsaw Convention, a carrier cannot rely on liability limitations if the plaintiff proves willful misconduct.
- A court may resolve liability as a matter of law while submitting only the amount of damages to a jury.

## Conclusion

The court upheld summary judgment on liability because the carrier’s interrogatory answers removed any genuine factual dispute, and it held that willful misconduct barred reliance on the Warsaw Convention’s damages limitation, leaving only damages for jury determination.


American Airlines, Inc. v. Ulen, 186 F.2d 529 (D.C. Cir. 1949)