Trial Magazine

Dean Schopp, who was in his mid-60s, was flying aboard an American Airlines flight from Grenada to Miami. He stood up to allow his wife to reenter their row as the plane encountered severe turbulence from a Category 4 hurricane. The aircraft pitched downward, causing Schopp to hit the plane’s ceiling, fracturing his neck. He has made a significant recovery but still suffers from chronic pain and restricted movement of his head.

Schopp and his wife claimed that the airline was liable under the Warsaw Convention for the injuries Schopp suffered aboard its aircraft. Suit did not claim lost income.

The defense argued that Schopp was comparatively negligent for having his seat belt unfastened.

The jury awarded $1 million, finding the plaintiff 20 percent at fault.

Citation: Schopp v. Am. Airlines, Inc., No. 1:16-CV-23630 (S.D. Fla. Nov. 21, 2017).

Plaintiff counsel: AAJ member John D. McKay, Winter Park, Fla.