## Facts

- Passengers flew on an international Eastern Airlines flight departing Miami for the Bahamas.
- Shortly after takeoff, one engine lost power; the crew shut it down, turned back, and warned passengers that ditching in the Atlantic might be necessary.
- The engine was restarted, and the plane landed safely in Miami.
- No passenger alleged physical injury; several alleged severe mental and emotional distress from the perceived imminent crash.
- Passengers sued under Article 17 of the Warsaw Convention seeking damages solely for mental and emotional distress.

## Issues

1. Whether Article 17 of the Warsaw Convention allows recovery for mental or psychic injuries unaccompanied by bodily injury.
2. Whether the phrase “lésion corporelle” in Article 17 should be construed to include purely emotional harm.

## Decision

- The Supreme Court unanimously reversed the Eleventh Circuit and reinstated judgment for Eastern Airlines.
- Article 17 does not permit recovery for purely mental injuries unaccompanied by bodily injury.
- “Lésion corporelle” is properly translated as “bodily injury,” excluding stand-alone emotional distress claims.

## Legal Principles

- Treaty interpretation begins with the text and its context; courts may also consider drafting history, negotiations, and the practical construction adopted by the parties.
- In Article 17, “lésion corporelle” means “bodily injury,” consistent with principal English translations and the understanding reflected at U.S. ratification.
- Historical French legal materials did not show that “lésion corporelle” in 1929 encompassed psychic injury, and isolated variations in other-language materials did not justify expanding the term.
- The Warsaw Convention’s purpose of limiting carrier liability, along with the state of tort law in 1929 and post-ratification practice, supported a narrow construction that excludes purely mental distress.

## Conclusion

Because the passengers alleged only mental and emotional distress without bodily injury, Article 17 of the Warsaw Convention provided no cause of action, and the carrier was not liable for those damages.


Eastern Airlines, Inc. v. Floyd, 499 U.S. 530 (1991)