Reference no: EM131666041

In 2004, Ellen Kruger was boarding a flight from San Francisco to Seattle, on her way home from Australia, when she was struck on the head with a backpack swung by another passenger. During the flight she became ill, vomited, and remained unconscious for much of the flight. She sued the airline for pain and suffering, emotional distress, and punitive damages. Her husband also sued for loss of consortium and companionship of his wife. United Airlines argued that these were not compensable damages under the Montreal Convention. Does the Montreal Convention specify what types of damages are recoverable or whether the husband may bring an action? How is this decided? Kruger v. United Airlines, Inc. 481 F. Supp. 2d 1005 (N.D. Cal. 2007.) How would this case be decided if the injuries were the result of the aircraft plunging into the middle of the Pacific Ocean?