Torte Law Gregory Langadinos, Plaintiff, Appellant, VS American Airlines, Inc. Defendant, Appellee.

Facts of the case <Tab/>An American Airline's employee served alcohol to Debord prior to the assault and knowing that he was intoxicated and his behavior was "erratic and aggressive". Gregory Langadinos appealed from the district court's order dismissing his amended complaint alleges that AA violated the Warsaw Convention by continuing to serve alcohol to an intoxicated passenger who then assaulted Langadinos. AA filed a motion to dismiss for failure to …

…didn't prove that AA allowed "willful misconduct". <Tab/>If Lagadinos would have argued the "willful misconduct" by AA, he would have had to prove that AA allowed willful misconduct and have a $75,000 damage limit applicable to accidents taking place during this period. He was entitled to seek damages above the cap by proving that the incident was caused by AA serving Debord too much alcohol and it resulted in willful misconduct.