## Facts

- Gary and Maryanne Ehrlich flew on an American Eagle flight from Baltimore to JFK to connect to an international American Airlines flight to London.
- During landing at JFK, the aircraft overshot the runway and stopped in an arrestor bed; passengers evacuated by jumping approximately six to eight feet from the doorway.
- Gary alleged knee injuries; Maryanne alleged injuries to her neck, back, shoulder, hips, and right knee, and later alleged hypertension and a heart problem.
- Both alleged psychological harms, including fear of flying and sleep disturbances and nightmares associated with the incident.
- The Ehrlichs sought damages under the Warsaw Convention for bodily injuries and for mental injuries allegedly resulting from the accident.

## Issues

1. Whether the Montreal Convention applied retroactively to an accident occurring before it entered into force for the United States.
2. Whether Article 17 of the Warsaw Convention permits recovery for mental injuries that accompany, but are not caused by, bodily injury.
3. Whether domestic tort law could expand recoverable damages beyond the Warsaw Convention’s limits for international carriage.

## Decision

- The Second Circuit held the Montreal Convention did not apply retroactively; the Warsaw Convention governed.
- The court affirmed partial summary judgment for the airline defendants on claims seeking recovery for mental injuries not caused by bodily injury.
- The court held Article 17 allows recovery for mental injuries only when they are causally linked to bodily injury.

## Legal Principles

- For international carriage governed by the Warsaw Convention, Article 17 imposes liability only for “death,” “wounding,” or “other bodily injury” caused by an accident occurring onboard or during embarking or disembarking.
- Mental injuries are compensable under Article 17 only as consequential damages when caused by bodily injury; standalone mental injuries, or mental injuries merely coincident with bodily injury, are not recoverable.
- Treaty interpretation looks to the treaty’s authentic text (including the original French), drafting history, signatory practice, and relevant Executive Branch views.
- The Warsaw Convention provides the exclusive conditions of liability for covered international carriage; domestic law cannot enlarge the categories of recoverable damages beyond the treaty.

## Conclusion

The Second Circuit ruled that the Warsaw Convention, not the Montreal Convention, governed the 1999 accident and that Article 17 permits recovery for psychological harm only when the plaintiff proves it was caused by bodily injury, barring recovery for mental injuries that merely accompany physical injuries without a causal connection.


Ehrlich v. Am. Airlines, Inc., 360 F.3d 366 (2d Cir. 2004)