Opinion
Page 653g
106 Cal.App.4th 653g ___Cal.Rptr.2d___ MODESTA AQUINO et al., Plaintiffs and Appellants, v. ASIANA AIRLINES, INC., et al., Defendants and Respondents. A098122 California Court of Appeal, First District, Fourth Division February 27, 2003[Modification of opinion (105 Cal.App.4th 1272; 130 Cal.Rptr.2d 223) on denial of petition for rehearing.]
OPINION
THE COURT.
The petition for rehearing filed by respondents on February 13, 2003, is denied.
The opinion filed herein on January 31, 2003, is ordered modified:
1. At page 17, footnote 14, the last sentence is deleted and the following language is substituted: "Here, the Aquinos' allegations of discrimination, if proven, might constitute a breach of such a policy. The Aquinos should be allowed to attempt to show that they do."
2. At page 17, part II.D.3, the fourth sentence ("There is evidence that the airport medical clinic personnel believed the Aquinos appeared healthy") is deleted and the following sentence is substituted: "The record indicates the Aquinos may be able to prove that the airport medical personnel believed the Aquinos looked healthy, that Mr. Aquino was in good health on the night of the flight, that Mr. Aquino was able to stand on his own while waiting to check in, and that Asiana personnel stated the reason the Aquinos needed a medical certificate was because they were old."
3. At page 18, the first full paragraph, the first sentence is deleted and the following sentence is substituted: "There is evidence defendants were motivated to deny the Aquinos permission to board by the belief they should not fly with their limited physical mobility."
These modifications do not appear in the published portion of this opinion.
There is no change in the judgment.