Plaintiff-appellant Brink's Limited ("Brink's") appeals from a final judgment in its favor in the amount of $1,520 entered in the United States District Court for the Southern District of New York (Baer, J.) following a bench trial. The judgment reflects the district court's determination that defendant South African Airways ("SAA") was entitled to a limitation of its liability under the provisions of the Convention for the Unification of Certain Rules Relating to International Transportation by Air, Oct. 12, 1929, 49 Stat. 3000, reprinted in 49 U.S.C.A. § 40105 note (the "Warsaw Convention" or the "Convention"). Article 25 of the Warsaw Convention eliminates Article 22's limitation on liability in cases where either the carrier, or its agents acting within the scope of their employment, have engaged in wilful misconduct. We agree with the district court's formulation of the standard for wilful misconduct and with the district court's view that Brink's has not proven wilful misconduct by a preponderance of the evidence.
Miner, Roger J., "Brink's Ltd. v. South African Airways, 149 F. 3d 127 - Court of Appeals, 2nd Circuit 1998" (1998). Circuit Court Opinions. 222.