Continental not liable for passenger blood clot-court

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Continental not liable for passenger blood clot-court=20
Wed Aug 2, 2006 1:45pm ET
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Email This Article | Print This Article | Reprints=20
[-] Text [+] (Repeating to fix "blood" typo in headline
SAN FRANCISCO, Aug 2 (Reuters) - Continental Airlines (CAL.N: Quote, Profil=
e, Research) is not liable for not warning passengers about the risk of blo=
od clots during an international flight, a U.S. federal appeals court ruled=
 on Wednesday.
Guy Caman sued Continental after he was diagnosed with Deep Vein Thrombosis=
 (DVT) following a flight from Los Angeles to Paris in 2002. A lower court =
ruled in favor of Continental, and on Wednesday the U.S. Ninth Circuit Cour=
t of Appeals upheld the ruling.
Caman argued he suffered an accident as established under the Warsaw Conven=
tion governing air travel.
"We hold that Caman cannot establish his DVT was the result of an 'accident=
' because he cannot show that it resulted from an 'unexpected or unusual ev=
ent,'" Morrison England wrote for the three-judge panel.
Growing awareness of the problem of DVT has prompted a number of lawsuits. =
Last December, Britain's high court also held that DVT, which can sometimes=
 prove fatal, is not an accident under international rules and thus airline=
s are not liable.
Airlines maintain that the Warsaw Convention protects them from having to p=
ay compensation to passengers for medical issues during normal operation of=
 an aircraft.=20
=C2=A9 Reuters 2006. All Rights Reserved.
=20
Roger & Amanda La France 

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