## Facts

- Polly Tallarico, age 14, had cerebral palsy affecting mobility and speech; she primarily used a wheelchair, could crawl independently, and communicated using assistive devices.
- On November 25, 1986, Polly arrived at Houston’s Hobby Airport to fly alone on Trans World Airlines (TWA) to St. Louis.
- A TWA ticket agent learned Polly could not walk or speak but could communicate via a communication board and relayed this to the acting station manager.
- The station manager decided Polly could not travel unaccompanied, based on a belief that she could not care for herself in an emergency or exit quickly.
- TWA refused to allow Polly to board as an unaccompanied passenger; Polly’s father flew to Houston to accompany her.
- The Tallaricos presented evidence that the incident caused Polly significant emotional distress and lasting changes in confidence and behavior.
- The suit arose under the Air Carrier Access Act of 1986 (ACAA), which prohibited air-carrier discrimination against “otherwise qualified handicapped” individuals; no implementing regulations were in effect at the time.

## Issues

1. Whether the ACAA implies a private cause of action allowing disabled passengers to sue air carriers directly for discrimination.
2. Whether TWA’s refusal to allow Polly to fly unaccompanied constituted discrimination against an “otherwise qualified handicapped individual” under the ACAA.
3. What damages are available under an implied ACAA cause of action, including whether emotional-distress damages and punitive damages may be recovered.

## Decision

- The Eighth Circuit affirmed in part and reversed in part.
- The court held the ACAA implies a private right of action for discrimination by air carriers against otherwise qualified handicapped individuals.
- The court left intact the finding that TWA’s refusal to transport Polly unaccompanied violated the ACAA on the facts found by the jury.
- The court rejected punitive damages on the record presented.
- The court reversed the district court’s categorical reduction of damages to out-of-pocket expenses and held proven compensatory damages could extend beyond reimbursement, subject to evidentiary support and limits consistent with the implied remedy.

## Legal Principles

- A federal statute that protects a specific class in rights-creating terms may support an implied private cause of action when the Cort v. Ash factors, including statutory purpose and legislative intent, favor private enforcement.
- The ACAA’s prohibition on discrimination against “otherwise qualified handicapped” air travelers supports private enforcement against air carriers, even when the statute is silent on remedies.
- Discrimination may be found where a carrier denies service based on generalized assumptions about disability rather than an individualized assessment of qualification and safety.
- Under an implied ACAA cause of action, compensatory damages may include proven non-pecuniary injury; punitive damages require record support and are not presumed available.

## Conclusion

The Eighth Circuit recognized an implied private right of action under the ACAA for disabled passengers denied nondiscriminatory air transportation, upheld liability for the refusal to allow a disabled minor to fly unaccompanied, rejected punitive damages on the record, and required a damages analysis that does not automatically restrict recovery to out-of-pocket losses.


Tallarico v. Trans World Airlines, Inc., 881 F.2d 566 (8th Cir. 1989)