In Re Alleged Food Poisoning Incident, March, 1984. Abdulrahman Al-Zamil v. British Airways Inc., 770 F.2d 3 (2d Cir. 1985). · Go Syfert
In Re Alleged Food Poisoning Incident, March, 1984. Abdulrahman Al-Zamil v. British Airways Inc., 770 F.2d 3 (2d Cir. 1985). Cases Citing This Book View Copy Cite
“first, the 'destination' of a journey for convention purposes is determined by reference to the intent of the parties.”
73 citation events (15 in the last 25 years) across 19 distinct courts.
Strongest positive: Gasca v. Empresa De Transporte Aero Del Peru (flsd, 1998-01-20)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 24 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Gasca v. Empresa De Transporte Aero Del Peru (3×) also: Cited as authority (rule)
S.D. Fla. · 1998 · signal: see · quote attribution · 1 verbatim quote · confidence high
first, the 'destination' of a journey for convention purposes is determined by reference to the intent of the parties.
discussed Cited as authority (rule) Motlagh v. Qatar Airways, Q.C.S.C. (2×)
S.D. Cal. · 2020 · confidence medium
Garuda Indonesia, 363 F.3d 979, 991 (9th Cir. 14 2004) (“[T]here can only be one ‘destination’ for Warsaw Convention purposes for 15 each passenger and . . . intermediate stops on trips are to be construed as ‘agreed 16 stopping places’ that do not disturb that final destination.” (citing In re Alleged Food 17 Poisoning Incident, Mar., 1984, 770 F.2d 3, 6-7 (2d Cir. 1985)); Swaminathan v. 18 Swiss Air Transp.
cited Cited as authority (rule) Alemi v. Qatar Airways
D. Maryland · 2012 · confidence medium
In re Alleged Food Poisoning Incident, 770 F.2d 3, 6 (2d Cir.1985).
discussed Cited as authority (rule) Coyle v. Garuda Indonesia (2×) also: Cited "see"
9th Cir. · 2004 · confidence medium
See, e.g., Haldimann, 168 F.3d at 1325 (D.C.Cir.1999) (all tickets, though with different airlines, shared the same record number); In re Alleged Food Poisoning Incident, 770 F.2d 3, 6-7 (2d Cir.1985) (all flights ticketed in two booklets issued together and known as a "conjunction ticket"); Vergara, 390 F.Supp. at 1267-68 (D.Neb.1975) (tickets for two passengers had been issued in twelve booklets containing four flight coupons each; every one of the 48 flight coupons showed "[t]he numbers of each of the other five booklets issued to each plaintiff; the fare for the entire journey; the number …
discussed Cited as authority (rule) Coyle v. P.T. Garuda Indonesia (2×) also: Cited "see"
9th Cir. · 2004 · confidence medium
See, e.g., Haldimann, 168 F.3d at 1325 (D.C.Cir.1999) (all tickets, though with different airlines, shared the same record number); In re Alleged Food Poisoning Incident, 770 F.2d 3, 6-7 (2d Cir.1985) (all flights ticketed in two booklets issued together and known as a “conjunction ticket”); Vergara, 390 F.Supp. at 1267-68 (D.Neb.1975) (tickets for two passengers had been issued in twelve booklets containing four flight coupons each; every one of the 48 flight coupons showed “[t]he numbers of each of the other five booklets issued to each plaintiff; the fare for the entire journey; the n…
discussed Cited as authority (rule) Schopenhauer v. Compagnie Nationale Air France
E.D.N.Y · 2003 · confidence medium
See Klos v. Polskie Linie Lotnicze, 133 F.3d 164, 167 (2d Cir.1997) (noting that the argument "that jurisdiction could be based on an interim city appearing on a round-trip ticket” has been "consistently rejected”); In re Alleged Food Poisoning Incident, March, 1984, 770 F.2d 3, 4-5 (2d Cir.1985) ("We hold that when the parties have contemplated a single operation of undivided transportation only one 'destination’ exists, and, in the case of a round trip, that destination is the same as the place of origin.”); Gayda v. LOT Polish Airlines, 702 F.2d 424, 425 (2d Cir.1983) ("[Fjor Articl…
discussed Cited as authority (rule) Coyle v. P.T. Garuda Indonesia (2×) also: Cited "see"
D. Or. · 2001 · confidence medium
Under Article 1 of the Convention, transportation to be performed by several successive air carriers remains “one undivided transportation” so long as “it has been regarded by the parties as a single operation.” See Alleged Food Poisoning, 770 F.2d at 6 (trip on multiple airlines); Vergara v. Aeroflot, 390 F.Supp. 1266 (D.Neb.1975) (legs of round-the-world trip booked on at least eight different airlines constituted “one undivided transportation”).
discussed Cited as authority (rule) Singh v. Tarom Romanian Air Transport
E.D.N.Y · 2000 · confidence medium
See Klos v. Polskie Linie Lotnicze, 133 F.3d 164, 167 (2d Cir.1997); In re Alleged Food Poisoning Incident, March, 1984, 770 F.2d 3, 5 (2d Cir.1985); Petrire v. Spantax, SA., 756 F.2d 263 (2d Cir.1985); Smith v. Canadian Pacific Airways, Ltd., 452 F.2d 798, 802 (2d Cir.1971).
discussed Cited as authority (rule) Berman v. Parco
S.D.N.Y. · 1997 · confidence medium
April 16, 1996) (claims for willful and negligent violations of FCRA alleged); see also, e.g., Atherton v. FDIC, 519 U.S. 213 ,-- -, 117 S.Ct. 666, 674-76 , 136 L.Ed.2d 656 (1997) (complaint alleged gross negligence and negligence); In re Alleged Food Poisoning Incident, 770 F.2d 3, 5 (2d Cir.1985) (complaint alleged willful misconduct and negligence); Barrows v. Forest Lab., Inc., 742 F.2d 54 (2d Cir.1984) (amendment denied where plaintiffs failed to “explain why the new theories could not have been presented in the original complaint as alternatives”); Bouzo v. Citibank, N.A., 88 Civ. 14…
discussed Cited as authority (rule) In Re Air Crash Disaster of Aviateca Flight 901 (2×) also: Cited "see"
S.D. Fla. · 1997 · confidence medium
See In re Air Crash Disaster at Warsaw Poland, 748 F.2d 94, 96 (2d Cir.1984) (length of layover, in excess of twenty-four hours, one of the considerations used by the court in determining that transportation was separate); In re Alleged Food Poisoning Incident, 770 F.2d 3, 6 (2d Cir.1985) (on round trip journey to and from Riyadh, Saudi Arabia, stops in United States were no more than “agreed stopping places”).
cited Cited as authority (rule) Sopcak v. Northern Mountain Helicopter Services
D. Alaska · 1992 · confidence medium
For the purposes of the Convention, “destination” is “determined by reference to the intent of the parties.” In re Alleged Food Poisoning Incident, March, 1984, 770 F.2d 3, 5 (2d Cir.1985).
discussed Cited "see" Shah v. Kuwait Airways Corp. (2×)
S.D.N.Y. · 2009 · signal: see · confidence high
See In re Alleged Food Poisoning Incident, March, 1981, 770 F.2d 3 . 4-5 (2d Cir.1985).
discussed Cited "see" Commercial Union Insurance Company v. Alitalia Airlines
2d Cir. · 2003 · signal: see · confidence high
See Al-Zamil v. British Airways, Inc. (In re Alleged Food Poisoning Incident, March, 1984 ), 770 F.2d 3, 5-7 (2d Cir.1985) (looking only to intent of original contracting parties to determine destination point); Petrire v. Spantax, S.A., 756 F.2d 263, 265-66 (2d Cir.1985) (in successive carriage, looking to intent of original contracting parties to determine origin and final destination of journey). 71 Hence, action done in performance of a contract is that action contemplated by the original parties.
discussed Cited "see" Commercial Union Insurance v. Alitalia Airlines, S.p.A.
2d Cir. · 2003 · signal: see · confidence high
See Al-Zamil v. British Airways, Inc. (In re Alleged Food Poisoning Incident, March, 1984), 770 F.2d 3, 5-7 (2d Cir.1985) (looking only to intent of original contracting parties to determine destination point); Petrire v. Spantax, S.A., 756 F.2d 263, 265-66 (2d Cir.1985) (in successive carriage, looking to intent of original contracting parties to determine origin and final destination of journey).
examined Cited "see" Klos v. Polskie Linie Lotnicze (4×)
2d Cir. · 1997 · signal: see · confidence high
See In re Alleged Food Poisoning Incident, March, 1981, 770 F.2d 3 , 5 n. 2 (2d Cir.1985).
examined Cited "see" Klos v. Polskie Linie Lotnicze, Lot (4×)
2d Cir. · 1997 · signal: see · confidence high
See In re Alleged Food Poisoning Incident, March, 1984, 770 F.2d 3 , 5 n. 2 (2d Cir.1985). 6 There is no disagreement that the first three bases confer jurisdiction only on a Polish court.
cited Cited "see" Hibbard v. Trans World Airlines, Inc.
Ohio Ct. App. · 1990 · signal: see · confidence high
See In re alleged Food Poisoning Incident (C.A.2, 1985), 770 F. 2d 3 .
cited Cited "see" Francis J. Thompson v. British Airways, Inc.
D.C. Cir. · 1990 · signal: see · confidence high
See In Re Alleged Food Poisoning Incident, March, 1984, 770 F.2d 3, 5 (2d Cir.1985).
cited Cited "see" Compania Mexicana de Aviacion, S.A. v. United States District Court for the Central District of California
9th Cir. · 1988 · signal: see · confidence high
See In re Alleged Food Poisoning Incident, March, 1984, 770 F.2d 3 (2d Cir.1985).
cited Cited "see" Compania Mexicana De Aviacion, S.A. v. United States District Court For The Central District Of California
9th Cir. · 1988 · signal: see · confidence high
See In re Alleged Food Poisoning Incident, March, 1984, 770 F.2d 3 (2d Cir.1985).
examined Cited "see" Lee v. China Airlines, Ltd. (3×) also: Cited "see, e.g."
C.D. Cal. · 1987 · signal: see · confidence high
See In re Alleged Food Poisoning Incident, 770 F.2d 3 (2d Cir.1985).
cited Cited "see" Willie H. Harris, Ernestine Harris v. Polskie Linie Lotnicze, AKA Lot Polish Airlines, a Corporation, Defendant
9th Cir. · 1987 · signal: see · confidence high
See In re Alleged Food Poisoning Incident, Mar., 1984, 770 F.2d 3, 7 (2d Cir.1985).
discussed Cited "see, e.g." Nahm v. SCAC Transport, Inc.
Ill. App. Ct. · 1987 · signal: see, e.g. · confidence low
App. §1502 (1982); see, e.g., In re Alleged Food Poisoning Incident, March, 1984 (2d Cir. 1985), 770 F.2d 3, 5-6 ; In re Air Crash Disaster, Warsaw, Poland, March 14, 1980 (2d Cir. 1984), 748 F.2d 94 , 95-97; P. T.
discussed Cited "see, e.g." German v. United States (2×)
D.C. · 1987 · signal: see also · confidence medium
To succeed on this claim, a defendant must affirmatively demonstrate “a reasonable likelihood of vindictiveness” 10 on the part of the trial judge. 11 Frank v. Blackburn, supra, 646 F.2d at 886; see also Damiano v. Gaughan, supra note 6, 770 F.2d at 3.
Retrieving the full opinion text from the archive…
In Re ALLEGED FOOD POISONING INCIDENT, MARCH, 1984; Abdulrahman AL-ZAMIL, Plaintiff-Appellant,
v.
BRITISH AIRWAYS INC., Defendant-Appellee
1092, Docket 85-7089.
Court of Appeals for the Second Circuit.
Aug 2, 1985.
770 F.2d 3
1985 U.S. App. LEXIS 22262
Michael B. Trister, Washington, D.C. (Abourezk, Sobol & Trister, Washington, D.C., of counsel), for plaintiff-appellant., Lawrence Mentz, New York City (Wendy A. Grossman, John F. Schutty III, Condon & Forsyth, New York City, of counsel), for defendant-appellee.
Oakes, Meskill, Pierce.
Cited by 34 opinions  |  Published
PIERCE, Circuit Judge:

This appeal, from an order of the United States District Court for the Southern District of New York (Knapp, Judge) which dismissed plaintiffs complaint on the ground that there existed no treaty jurisdiction, raises the question whether, under the Warsaw Convention (“Convention”), [1] an undivided transportation may for jurisdictional purposes have more than one “destination” if more than one carrier, or successive carriers, are parties to the contract of transportation. We hold that when the parties have contemplated a single operation of undivided transportation only[*5] one “destination” exists, and, in the case of a round trip, that destination is the same as the place of origin. The plaintiff concedes that jurisdiction was proper in the United States only if the United States was his place of “destination” within the meaning of the Convention; we find no error in the district court’s conclusion that it was not, and therefore affirm the district court’s order dismissing the complaint for want of jurisdiction.

Background

Plaintiff’s complaint alleged that on March 13, 1984, Al-Zamil, the Deputy Minister of Commerce for Saudi Arabia, contracted serious food poisoning while on board British Airways’ Concorde Flight 189, en route from London to Washington, D.C. This flight was an intermediate leg of a round trip originating and terminating in Riyadh, Saudi Arabia, with stops in Dharhan, Saudi Arabia; London; Washington, D.C.; and New York City. All of the flights were ticketed in a total of two booklets, known as a “conjunction ticket"— the first booklet covered all stops from Riyadh to New York, and the second covered the return flight from New York directly to Riyadh. The only part of Al-Zamil’s transportation provided by British Airways was the Concorde flight from London to Washington. The conjunction ticket was issued in Saudi Arabia, and the fare for the entire journey was paid in Saudi currency at the time the ticket was issued. Both booklets list Riyadh as the origin and destination of the journey.

Al-Zamil alleged that after contracting food poisoning, he received medical care in the United States. Thereafter, on May 11, 1984, he filed the complaint herein, in the United States District Court for the District of Columbia, claiming both negligence and willful misconduct and seeking damages. The action was transferred by the Judicial Panel on Multi-District Litigation to the Southern District of New York, and was consolidated for pretrial purposes with the actions of other passengers relating to the same food poisoning incident. On January 7, 1985, the district judge in a memorandum decision granted the motion of British Airways and ordered Al-Zamil’s complaint dismissed for lack of treaty jurisdiction. For the reasons hereinbelow stated, we affirm the district court’s order.

Discussion

Al-Zamil concedes that jurisdiction over his claim can be had in a United States court only if the United States was the “place of destination” of his journey, within the meaning of Article 28(1) of the Convention. [2] He claims that because British Airways was involved in his trip only to the extent of transporting him from London to Washington, D.C., his “destination” was Washington, that is, the United States, for the purpose of determining treaty jurisdiction over this action. We disagree.

First, the “destination” of a journey for Convention purposes is determined by reference to the intent of the parties. “Plainly, when different carriers are involved, the pertinent unit of travel for determining the ‘destination’ is the ‘single operation’ of ‘undivided transportation’ as ‘regarded by the parties.’ ” Petrire v. Spantax, S.A., 756 F.2d 263, 266 (2d Cir.1985) (quoting Warsaw Convention, Article 1(3)); see In re Air Crash Disaster at Warsaw, Poland, on March 14, 1980, 748[*6] F.2d 94, 96-97 (2d Cir.1984). In other words, if the parties have regarded the transportation as a single, undivided operation, the beginning of that operation is the origin and the end of the operation is the destination. See Gayda v. LOT Polish Airlines, 702 F.2d 424, 425 (2d Cir.1983); In re Air Crash Disaster at Malaga, Spain on September 13, 1982, 577 F.Supp. 1013, 1014 (E.D.N.Y.1984), aff'd sub nom. Petrire v. Spantax, S.A., 756 F.2d 263 (2d Cir.1985); Butz v. British Airways, 421 F.Supp. 127, 130-31 (E.D.Pa.1976), aff'd mem., 566 F.2d 1168 (3d Cir.1977).

That a single, undivided transportation has only one beginning and one end would seem logically clear. This interpretation is supported by the Convention, which in Article 1(2) uses the term “destination” in the singular, implying that there is only one “destination” for an undivided transportation. Article 1(2) also draws a distinction between a “destination” and an “agreed stopping place.” It is the “destination,” and not an “agreed stopping place,” that controls for purposes of treaty jurisdiction under the Convention. Gayda, 702 F.2d at 425; Bornstein v. Scandinavian Airlines System, 16 Av.Cas. (CCH) 17,-741 (S.D.N.Y.1981); Butz, 421 F.Supp. at 130-31; Vergara v. Aeroflot “Soviet Airlines”, 390 F.Supp. 1266 (D.Neb.1975); Rinck v. Deutsche Lufthansa A.G., 57 A.D.2d 370, 395 N.Y.S.2d 7 (1977), aff'd mem., 44 N.Y.2d 714, 405 N.Y.S.2d 456, 376 N.E.2d 929 (1978); Bowen v. Port of New York Authority, 8 Av.Cas. (CCH) 18,-043 (N.Y.Sup.Ct.1964).

Herein, Al-Zamil purchased one ticket, in two booklets, for a round-trip journey. The booklets clearly listed Riyadh as both the origin and destination of the voyage. It seems clear to us, as it was to the district court, that the ultimate destination of this journey was Riyadh, and not any point within the United States. The stops in the United States were no more than “agreed stopping places.” See Gayda, 702 F.2d at 425; Butz, 421 F.Supp. at 130-31.

Indeed, Al-Zamil does not dispute that the ultimate destination of his journey was Riyadh, or that a single operation of undivided transportation was contemplated herein. He argues, however, that if successive carriers are involved in a journey, jurisdiction under the Convention is determined by the destination according to the contract of each successive carrier with the passenger. We disagree. Al-Zamil relies upon In re Air Crash Disaster at Warsaw, Poland, on March If 1980, 748 F.2d 94 (2d Cir.1984). Warsaw, however, held only that, on its facts, the parties had not regarded the voyage as a “single operation” of “undivided transportation.” Id. at 96-97. Al-Zamil’s reliance upon Article 30(1) of the Convention [3] is also misplaced. Warsaw held that pursuant to Article 30(1), each carrier on a journey involving successive carriers may have contractual obligations that must be individually discharged; specifically, that one carrier does not escape its obligation under the Convention to deliver an appropriate ticket simply because the other carriers have discharged their similar obligations. Id. at 97. In this case, merely because British Airways was not contractually obligated to deliver AlZamil to his ultimate destination does not mean that it, and Al-Zamil, are not subject to the jurisdictional provisions of the Convention.

Similarly, we reject Al-Zamil’s argument that Article 1(3), [4] defining the eircumstanc[*7] es under which a journey is to be considered a “single operation” of “undivided transportation,” does not apply to questions of jurisdiction under the Convention. Article 1(3) unequivocally applies “for purposes of this Convention.” In our view, this language amply encompasses the jurisdictional provisions of the Convention, and we believe that Article 1(3) does indeed apply to jurisdictional, as well as other, Convention provisions. See Petrire, 756 F.2d at 266.

Al-Zamil next claims that to hold British Airways not to be amenable to suit in the United States in this case would run counter to the policy of Article 28, which, he asserts, evidences a general intent to limit the places in which a carrier may be sued. We do not consider our holding today to be contrary to the intent underlying Article 28. Instead, we read the language of Article 28 and Article 1(3) in conjunction, and hold that they clearly indicate that a journey has but one “destination” for purposes of jurisdiction under the Convention. We agree with the district judge that the destination herein was Riyadh, not the United States.

We have considered appellant’s remaining claims and find them to be without merit. We hold that in cases of round-trip carriage involving successive carriers, where the parties contemplated a single operation of undivided transportation, the “destination” of the journey is the ultimate destination, that is, the place from which the journey originated. Accordingly, we affirm the judgment of the district court.

1

. Convention for the Unification of Certain Rules Relating to International Transportation by Air, Oct. 12, 1929 (Warsaw Convention), 49 Stat. 3000 (1934), T.S. No. 876, 137 L.N.T.S. 11, reprinted in 49 U.S.C. § 1502 note.

2

. Article 28(1) provides:

An action for damages must be brought, at the option of the plaintiff, in the territory of one of the High Contracting Parties, either before the court of the domicile of the carrier or of his principal place of business, or where he has a place of business through which the contract has been made, or before the court at the place of destination.

We note that there are two levels of judicial power pertinent to the determination whether suit may be maintained in the United States: the first involves jurisdiction in the international or treaty sense, under Article 28; the second relates to the power of a federal court, under federal statutes and practice, to hear a Warsaw Convention suit. Both levels must exist for suit to be maintained. Smith v. Canadian Pacific Airways, Ltd., 452 F.2d 798 (2d Cir.1971). Because we hold that the first level herein is not satisfied, no analysis of the second level is necessary.

3

. Article 30(1) provides:

In the case of transportation to be performed by various successive carriers and falling within the definition set out in the third paragraph of article 1, each carrier who accepts passengers, baggage or goods shall be subject to the rules set out in this convention, and shall be deemed to be one of the contracting parties to the contract of transportation insofar as the contract deals with that part of the transportation which is performed under his supervision.
4

. Article 1(3) provides:

Transportation to be performed by several successive air carriers shall be deemed, for the purposes of this convention, to be one undivided transportation, if it has been regarded by the parties as a single operation, whether it has been agreed upon under the form of a single contract or of a series of[*7] contracts, and it shall not lose its international character merely because one contract or a series of contracts is to be performed entirely within a territory subject to the sovereignty, suzerainty, mandate, or authority of the same High Contracting Party.