Galvin v Aer Rianta

• Jurisdiction: Ireland
• Judge: Mr. Justice Barr
• Judgment Date: 01 January 1995
• Neutral Citation: 1994 WJSC-HC 754
• Date: 01 January 1995
• Court: High Court
• Docket Number: [1991 No. 423 (Co. Clare)]

GALVIN v. AER RIANTA

(CIRCUIT APPEAL)

BETWEEN

HELEN GALVIN

PLAINTIFF

AND

AER RIANTA AND AER CHARTER

DEFENDANTS

1994 WJSC-HC 754

THE HIGH COURT

Synopsis:

Airline

Operator - Passenger - Invalid - Injury - Embarkation - Use of escalator - Failure to direct plaintiff invalid to lifts - Whether plaintiff negligent - Claim pursuant to Warsaw Convention - (Appeal from the Circuit Court - Barr J. - 13/10/93)1995 3 IR 486

|Galvin v. Aer Rianta|

WORDS AND PHRASES

"Embarking"

Airline - Liability - Passenger - Invalid - Fall - Injury - Warsaw Convention - Whether injury occured while plaintiff was embarking - (Appeal from the Circuit Court - Barr J. - 13/10/93)

|Galvin v. Aer Rianta|

Citations:

WARSAW CONVENTION 1929 ART 17

WARSAW CONVENTION 1929 ART 21

AIR NAVIGATION & TRANSPORT ACT 1936

SHAWCROSS & BEAUMONT ON CARRIAGE BY AIR 4ED CH 7 (1993 ISSUE 50)

WARSAW CONVENTION 1929 ART 20(1)

WARSAW CONVENTION 1929 ART 20

1 Judgment of Mr. Justice Barr delivered the 13th day of October, 1993.

2 This is an appeal by the second defendant from the order of the Circuit Court (His Honour Judge O'Higgins) made on 16th February, 1993 in which, having tried the action against both defendants he found -

3 (1) That the second defendant was liable to the plaintiff by virtue of Article 17 of the Warsaw Convention, 1929, in respect of personal injuries, loss and damage which she sustained at Shannon Airport on 2nd September, 1990;

4 (2) that damages recoverable by the plaintiff be reduced pursuant to Article 21 of the Convention to take account of her negligence;

5 (3) that without making any deduction for such negligence, the plaintiff would have been entitled to compensation in the sum of £10,000.00 from the second defendant in discharge of her claim under Article 17 of the Convention;

6 (4) that the sum recoverable by the plaintiff against the second defendant be reduced by 10 by reason of her contributory negligence and that she is entitled to recover the net difference i.e. £9,000.00 with costs and expenses when taxed and ascertained and,

7 (5) that there was no negligence on the part of the first defendant and it is entitled to its costs and expenses from the plaintiff when taxed and ascertained, but with an order over against the second defendant.

8 Neither the plaintiff or the second defendant has appealed the order of the learned Circuit Court Judge dismissing her claim against the first defendant, but the plaintiff has cross-appealed as to the finding of negligence made against her. No appeal has been brought by the plaintiff or the second defendant as to the assessment of the plaintiff's compensation in gross. The second defendant has appealed the finding of the learned Circuit Court Judge regarding its liability to the plaintiff under Article 17 of the Convention.

THE FACTS.

9 The following facts have been established in evidence on the balance of probabilities:-

10 The second defendant (hereinafter called "the carrier") is an air transport company and is a carrier within the meaning of the Warsaw Convention which is incorporated into Irish law by the Air Navigation and Transport Act, 1936-see in particular chapter I of the Act and the first schedule thereto.

11 The carrier was engaged by a travel agent on behalf of the Roman Catholic diocese of Kerry to transport a group of pilgrims from Shannon Airport to Lourdes in connection with the diocesan pilgrimage there on 2nd September, 1990. Two aeroplanes were provided by the carrier and this action relates to the second flight to Lourdes that day, which comprised 130 passengers of whom 100 were disabled persons. The diocese provided a number of helpers, including nurses, to supervise the pilgrimage and care for the disabled. Dr. Shanahan was the medical director and he travelled with the group. The diocese had organised many similar pilgrimages over the years. The helpers which it provided were volunteers. The nurses and some of the others had medical and nursing skills. There was no evidence that any of them had professional experience of transporting a substantial number of disabled people by air and, in particular, in doing so from Shannon Airport. However, steps were taken by the pilgrimage organisers to ascertain expert information regarding the state of health of each disabled pilgrim and other related information and a written form providing such details was furnished to Dr. Shanahan by the medical advisor of each invalid. The travel agent issued travel documents to all of them. These were contained in folders on the front of which, prominently displayed in black capitals, was the word "Malade". The name of the disabled pilgrim was also stated. In addition, each such person wore on their outer garment, prominently displayed, a label also containing the word-"Malade"-in heavy black letters. A label similarly marked was provided for luggage.

12 The plaintiff is a married lady now aged 58 years. In 1986 she suffered a severe stroke, the end result of which being that she was in 1990, and still is, substantially disabled on the left side. She has significant limitation of movement and loss of power in her left arm and hand which has little practical utility. The movement in her left leg is also substantially restricted. She can walk with aid from another person but only slowly. It is her practice to link her good right arm in her husband's or other carer's left arm and in that way she can walk a modest distance. However, when she is standing wearing an overcoat a casual observer might not notice that she is disabled. The plaintiff was accompanied by her husband on the pilgrimage. Her general practitioner, Dr. Hackett, furnished written information regarding her stroke to Dr. Shanahan on the requisite form prior to the pilgrimage. She travelled to Shannon from Listowel in a special pilgrimage bus which arrived there some time after noon. She and her husband were brought to the area on the ground floor of the airport where intending passengers check in. There are seats there. They were told to sit down and they did so. One of the pilgrimage helpers took the plaintiff's travel documents and passport and those of her husband for the purpose of checking them onto the Lourdes flight to which they had been allocated. Their luggage was also processed for them in the usual way.

13 The carrier had no facilities of its own at Shannon and it employed Aer Lingus as its handling agent there. The function of the latter included processing passengers i.e. checking their tickets, issuing boarding cards, directing them through the security zone to the gate of embarkation for the particular plane and checking boarding cards at that point prior to final embarkation on the aircraft. The travel documents and boarding cards were duly given to the plaintiff and her husband who remained seated downstairs in accordance with instructions. There was some delay with the flight, but eventually it was called. The plaintiff was told to proceed through a security door downstairs and then to the first floor en route to the particular departure gate. All departing passengers, on whatever flight to whatever destination, are processed in the same way at Shannon Airport. All enter through the same door at ground floor level into the security area and take one of three alternative means of access to the hand baggage security checkpoint on the first floor. All three are close together. There are two lifts side by side in a small foyer, the entry door to which has the standard...