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Defendant-appellant American Airlines, Inc. (American) appeals from a judgment entered in the United States District Court for the Southern District of New York (Tenney, J.), after a jury trial, adjudging it 51% liable for personal injuries sustained by plaintiff-appellee Thomas Plagianos. On appeal, American contends (1) that the district court erred in instructing the jury as to the standard of care owed by American to its passengers; (2) that there was insufficient evidence to support the jury's finding of negligence; and (3) that the damages award is excessive. For the reasons that follow, we vacate the judgment and remand the case for a new trial.


912 F.2d 57 (1990)

Thomas PLAGIANOS, Plaintiff-Appellee,


AMERICAN AIRLINES, INC., Defendant-Appellant.

No. 1613, Docket 90-7295. United States Court of Appeals, Second Circuit.

Argued August 16, 1990.

Decided August 22, 1990.

New York Law School location: File #1032, Box #126