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VAIL v. PAN AM CORP.

260 N.J. Super. 292 (1992)

616 A.2d 523

T. JENNIFER VAIL; PETER TSAIRIS AND APHRODITE TSAIRIS, HUSBAND AND WIFE; APHRODITE TSAIRIS, AS ADMINISTRATRIX AD PROSEQUENDUM FOR THE ESTATE OF ALEXIA KATHRYN TSAIRIS, DECEASED; AND PETER DYATRAKIS, PLAINTIFFS-APPELLANTS, v. PAN AM CORPORATION; PAN AMERICAN WORLD AIRWAYS, INC.; PAN AMERICAN WORLD SERVICES, INC.; ALERT MANAGEMENT SYSTEMS, INC.; THOMAS G. PLASKETT, AND MARTIN R. SHUGRUE, DEFENDANTS-RESPONDENTS, AND C. EDWARD ACKER, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided November 6, 1992.

Attorney(s) appearing for the Case

Richard A. Grossman argued the cause for appellants (Grossman & Kruttschnitt, attorneys; Richard A. Grossman of counsel; Thomas J. Heavey on the brief).

Elizabeth A. Bryson, admitted pro hac vice, argued the cause for respondents (Windels, Marx, Davies & Ives, attorneys; James M. Shaughnessy of counsel; Elizabeth A. Bryson on the brief).

Before Judges GAULKIN, HAVEY and STERN.

The opinion of the court was delivered by HAVEY, J.A.D.

The issue raised by this case is whether § 1305(a)(1) of the Airline Deregulation Act of 1978 (ADA), 49 U.S.C.A.App. §§ 1301 to 1557, which prohibits the states from enacting or enforcing any law "relating to rates, routes, or services" preempts plaintiffs' fraud, consumer fraud and breach of contract claims against an air carrier and its agents, servants and employees. The trial court granted...

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