Opinion
Civ. No. JFM-99-815.
July 20, 1999.
MEMORANDUM
Plaintiffs, Vandana Toteja and Radhay Shyam Lal, have brought this action against defendants British Airways, Public Limited Corporation ("British Airways") and The Boeing Company ("Boeing"), alleging claims for negligence and strict liability arising out of insufficient leg room on British Airways flights in aircraft manufactured by Boeing. Boeing has filed a motion for summary judgment as to counts two and three (the only two claims against it) brought by Toteja and Lal. That motion will be granted.
On June 14, 1999, this Court granted plaintiffs' motion to file an amended complaint naming three additional plaintiffs and allegations relating to a plaintiff class. Those plaintiffs' claims are not addressed in Boeing's motion for summary judgment.
I.
Plaintiff Toteja is a permanent resident of Virginia, and plaintiff Lal is a citizen of India living in Maryland. In late 1998, both plaintiffs flew between Washington-Dulles International Airport in Virginia and London, England on British Airways flights. The aircraft involved in both flights were manufactured by Boeing and were model 747-236B. Plaintiffs claim that they experienced "swelling, pain and suffering in both legs" as a result of insufficient leg room in the economy class section where they were seated. They allege that Boeing negligently or defectively designed and manufactured the planes with insufficient seat pitch in economy class, and failed to warn passengers of the dangers of blood clots caused by the seat pitch.
II.
Plaintiffs traveled from Dulles to London on two aircraft. Boeing sold one of the planes to British Airways on May 2, 1980 and the other on June 16, 1977. According to the affidavit of Daniel K. Freeman, a manager in Boeing's passenger seats group, both aircraft were sold and delivered to British Airways without passenger seats in the main cabin. Boeing was not involved in the design, manufacture, installation, configuration or modification of the passenger seats in the planes at issue.
In order to establish a claim for negligence, plaintiffs must demonstrate that Boeing breached a duty owed them. Because Boeing was not involved in any way with the allegedly defective seats or seat pitch that allegedly caused injury to the plaintiffs, it owed no duty to them. See Wells v. General Electric Co., 807 F. Supp. 1202, 1204 (D. Md. 1992) ("It is axiomatic that there is no liability in negligence absent a breach of duty.").
Furthermore, although Maryland law permits a claim for strict liability (and Maryland law applies to plaintiff Lal's claims), such a claim is only viable where the defendant's defective product caused plaintiff's injury. See Owens-Illinois v. Armstrong, 591 A.2d 544, 556 (Md.Ct.Spec.App. 1991). Because Boeing has presented uncontradicted evidence that the two planes at issue were delivered to British Airways without seats, Lal's strict liability claim against Boeing must fail because the seats and seat pitches were not Boeing products.
Toteja's strict liability claim fails on its face, because Virginia law applies to her claims and does not permit a claim for strict liability. See Sensenbrenner v. Rust, 374 S.E.2d 55, 57 n. 4 (Va. 1988).
For the foregoing reasons, defendant Boeing's motion for summary judgment will be granted. A separate order effecting the rulings made in this opinion is being entered herewith.