Alitalia vs.
IAC, 192 SCRA 9
Subject: Transportation Law
FACTS
Dr. Felipa
Pablo, a professor from UP was invited to attend a meeting by the United
Nations in Ispra, Italy. She was to read a paper regarding foreign substances
in food and the agriculture environment which she had specialized knowledge of.
She booked a flight to Italy with Alitalia airlines, petitioner herein. She had
arrived in Milan the day before the meeting however her luggage did not arrive
with her. The airline informed her that her luggage was delayed because it was
placed in one of the succeeding flights to Italy. She never got her luggage.
Back in
Manila, she demanded that Alitalia compensate her for the damages that she
suffered. Petitioner herein offered free airline tickets to compensate for the
alleged damages, however, she rejected this offer and instead filed a case.
Subsequently, it was found out that the luggage of Dr. Pablo was not placed in
the succeeding flights. She received her luggage 11 months after and after she
had already instituted a case against Alitalia.
The lower
court rendered a decision in favor of Dr. Pablo and ordered the plaintiff to
pay damages. On appeal, the Court of Appeals affirmed the decision and even
increased the amount of damages to be awarded to Dr. Pablo. Hence this petition
for certiorari.
ISSUE
Whether or
not Alitalia is liable for damages incurred by Dr. Pablo.
RULING
Yes, Alitalia
is liable to pay Dr. Pablo for nominal damages.
The Warsaw
Convention provides that an air carrier is made liable for damages when: (1)
the death, wounding or other bodily injury of a passenger if the accident
causing it took place on board the aircraft or in the course of its operations
of embarking or disembarking; (2) the destruction or loss of, or damage to, any
registered luggage or goods, if the occurrence causing it took place during the
carriage by air"; and (3) delay in the transportation by air of
passengers, luggage or goods. However, the claim for damages may be brought
subject to limitations provided in the said convention.
In this
case, Dr. Pablo did not suffer any other injury other than not being able to
read her paper in Italy. This was due to the fact that Alitalia misplaced her
luggage. There was no bad faith or malice on the part of Alitalia in the said
delay in the arrival of her luggage. Dr. Pablo received all her things which
were returned to her in good condition although 11 months late. Therefore, she
shall receive nominal damages for the special injury caused.
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