AMERICAN AIRLINES INC v GEORGEOPOULOS [NO 2] [1998] NSWCA 273

AMERICAN AIRLINES INC v GEORGEOPOULOS [NO 2] [1998] NSWCA 273

Mental injury not consequent upon physical injury is not covered by Article 17 of the Warsaw Convention; purely psychological injuries are not 'bodily injury' for the purposes of a claim under the Convention.

Parties
Appellant: American Airlines Inc; Respondent: Peter Georgeopoulos; Respondent: Victoria Jimouras (Georgeopoulos)
Jurisdiction
Australia
Judgment Date
05 August 1998
Procedural Posture
Civil Appeal / Appeal After Remitter for Factual Findings
Outcome
Appeal allowed
Legal Topics
Warsaw Convention, Bodily Injury, Nervous Shock, Mental Suffering, Damages
Aviation Law Torts Warsaw Convention Bodily Injury Nervous Shock Mental Suffering Damages

Case Brief

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Parties

American Airlines Inc

Appellant

Peter Georgeopoulos

Respondent

Victoria Jimouras (Georgeopoulos)

Respondent

Procedural Posture

Civil Appeal / Appeal After Remitter for Factual Findings

Legal Issues

  1. 1 Whether damages for nervous shock or mental suffering are recoverable under Article 17 of the Warsaw Convention
  2. 2 Whether purely psychological injury constitutes 'bodily injury' under Article 17

Ratio Decidendi

Mental injury not consequent upon physical injury is not covered by Article 17 of the Warsaw Convention; purely psychological injuries are not 'bodily injury' for the purposes of a claim under the Convention.

Court Disposition

Appeal allowed

Orders

  • Set aside the orders made by Ireland J on 10 December 1993
  • Dismiss both summonses with costs