_______
Case Summary for American Airlines v. Ulen,
186 F.2d 529 (D.C. Cir. 1949).
_______
Facts: Violet Ulen (Plaintiff) was injured in a plane crash
while traveling on an American Airlines (D) aircraft.
-Violet sued for
personal injuries and her husband sued for medical expenses and loss of
consortium.
-American Airlines admitted to the facts as alleged by the
plaintiff but denied that it or its agents had been negligent in
planning and approving the flight or in the operation of the plane.
-The Defendant answered interrogatories which revealed that the
flight plan had violated Civil Air Regulation 61.7401.
-The Plaintiff filed
motions for summary judgment based on the answers to
interrogatories.
-The judge granted summary judgment in favor of Ulen (Plaintiff) and
in a trial as to the issue of damages the plaintiffs were awarded a
total of $27,500.
-American Airlines appealed the ruling.
Issue: Are the parties’ pleadings the controlling
factors in determining whether genuine issues of material fact remain
for resolution by the finder of fact?
Holding: No. The parties’ pleadings are not
the controlling factors in determining whether genuine issues of
material fact remain for resolution by the finder of fact.
Conclusion:
-The court held that the pleadings by themselves did raise genuine
issues of material fact that could only have been resolved through a
trial on the merits.
-However, the interrogatories showed clearly that
the D had been negligent in planning the flight and thus summary
judgment was appropriate.
-Affirmed – judgment for the plaintiff.
---
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