New York Court of Appeals

Edith Rosman v. Trans World Airlines, Inc., Respondent Miriam Herman, an Infant, by Alexander Herman, Her Father and…

June 13, 197434 N.Y.2d 385

Summary

The New York Court of Appeals held that under the Warsaw Convention and Montreal Agreement, TWA is liable for plaintiffs' palpable, objective bodily injuries—including those caused by psychic trauma that manifest physically—and for damages flowing from those injuries, but not for psychic trauma alone. The court also held that the meaning of article 17 is a question of law, allowing summary judgment on liability.