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Am. Airlines, Inc. v. Ulen - 87 U.S. App. D.C. 307, 186 F.2d 529 (1949)

Rule:

Interrogatories and answers thereto may properly be considered when ruling on a motion for summary judgment.

Facts:

Violet Ulen was injured in an airplane crash and filed an action against American Airlines, Inc. (American Airlines). The trial court granted Ulen’s motion for summary judgment, and entered judgment on a jury verdict of damages. American Airlines sought review arguing that the trial court improperly relied on it answers to interrogatories in granting summary judgment, and that the damage award was inappropriate because damages were limited by the Warsaw Convention.

Issue:

Did the trial court err in relying to American Airlines’ answers to interrogatories in granting summary judgment?

Answer:

No

Conclusion:

The court held that interrogatories and answers thereto could properly be considered when ruling on a motion for summary judgment, and American Airlines’ answers to the interrogatories showed undeniably that it was negligent. The court held that the Warsaw Convention did not limit Ulen’s liability. The court held that art. 25(1) did not limit liability in actions that were based upon willful misconduct and that there was ample evidence upon which the jury could base its finding that the airlines was guilty of willful misconduct.

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