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Husain v. Olympic Airways

Olympic Airways is appealing the district court finding of liability under the Warsaw Convention in the death of a passenger, Dr. Abid Hanson, onboard one of its flights.  Dr. Hanson died from an extreme asthma attack caused by exposure to tobacco smoke onboard the flight.  The appellate court upheld the district court’s finding that the flight attendant’s failure to help Dr. Hanson upon repeated requests by his wife deviated from industry standards and Olympic’s policies and, therefore, constituted an “accident” which was a cause of Dr. Hanson’s death.  The court also affirmed the district court’s finding that the flight attendant’s conduct constituted “willful misconduct,” a determination that removes the cap otherwise imposed on carrier liability under the Convention.