Montreal Convention does not provide a remedy for physical manifestations of emotional injuries

The plaintiff claimed he suffered long-term diabetic and cardiac injuries as a result of air travel. Construing his claims under the Montreal Convention, the U.S. District Court for the Southern District of Florida granted summary judgment in the defendant’s favor, finding that the Montreal Convention barred purely mental injuries and that the plaintiff failed to provide evidence that any alleged “accident” caused or even contributed to his physical injuries. On Appeal, the Eleventh Circuit affirmed, specifically noting that the plaintiff’s attempts at characterizing his physical injuries as manifestations of mental distress failed under the Convention. Citing case law holding that mental injuries are only recoverable under the Convention to the extent they are caused by bodily injury, the Eleventh Circuit stated the plaintiff’s causation argument was backwards—the plaintiff had no recourse under the Convention for any physical manifestations of emotional distress.

_{Case Law Alerts, 3rd Quarter, July 2015}

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