| Venue: | US. Ct. App. 9th Cir. |
| Facts: | Andrews got bonked by some falling luggage. United warns about this possibility, but luggage continues to fall nevertheless. |
| Posture: | Dismissed on summary judgment. Diversity case, by the way. |
| Issue: | Should a jury have been allowed to decide whether a warning was sufficient, or if more care was warranted? |
| Holding: | Yes. There was a sufficient case here to overcome summary judgment. |
| Rule: | If a jury could rationally find either way on the record in question, then summary judgment is not appropriate. |
| Reasoning: | Obviously, there's a risk here, or we wouldn't have the warning in the first place. As a common carrier, United is obliged to be extra careful. It doesn't seem as though they've done everything in their power. Plus, people are carrying more on, and in bigger luggage. |
| Dicta: | Airline travel has changed over the years. |