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Ekufu v. Iberia Airlines

United States District Court, N.D. Illinois, Eastern Division

February 12, 2014

THANKGOD EKUFU, LOVETH EKUFU and GLADYS AGBASI, Plaintiffs,
v.
IBERIA AIRLINES and MILTON URIBE, Defendants.

MOTION OF DEFENDANTS IBERIA AIRLINES AND MILTON URIBE TO ENTER JUDGMENT IN FAVOR OF PLAINTIFFS IN THE AMOUNT OF $1, 729.00

ELAINE E. BUCKLO, District Judge.

Defendants Iberia Airlines and Milton Uribe, Iberia's Station Manager at O'Hare International Airport, respectfully submit this motion to enter judgment in favor of the plaintiffs in the amount of $1, 729.00, the defendants' limit of liability pursuant to Article 22 of a Treaty of the United States known as the Montreal Convention[1].

THE FACTS RELEVANT TO THE MOTION

On January 9, 2014, this Court filed its Memorandum Opinion and Order denying defendants' motion for summary judgment in part but limiting the defendants' liability to the limitations on liability provided in Article 22(2) of the Montreal Convention. Ekufu v. Iberia Airlines, ___ F.Supp.2d ___, 2014 WL 87502 at *5 (N.D. Ill. 2014). (Docket No. 40) In its Motion for Summary Judgment defendants established that the U.S. dollar value of 1, 130 Special Drawing Rights on the date of the alleged loss was just under $1729.00 U.S. and asked for limitation in that amount.

ARGUMENT

THE BASIS FOR CALCULATION OF THE AIRLINE'S LIABILITY FOR LOST, DAMAGED OR DELAYED BAGGAGE AT 1, 130 SPECIAL DRAWING RIGHTS PER PASSENGER

Article 22 of the Montreal Convention governs the air carrier's limits of liability in relation to delay, baggage and cargo.

The relevant provision is Article 22(2) which provides as follows:

In the carriage of baggage, the liability of the carrier in the case of destruction, loss, damage or delay is limited to 1000 Special Drawing Rights[2] for each passenger unless the passenger has made, at the time when the checked baggage was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless it proves that the sum is greater than the passenger's actual interest in delivery at destination[3].

Accordingly, the airline's liability is now limited to a maximum of 1, 130 Special Drawing Rights for each passenger, as this Court has held. The conversion rate for the baggage as of January 17, 2012 was 1 SDR = about $1.53 U.S. based on the SDR conversion rate into U.S. dollars, making Iberia's maximum liability no more than $1, 729.00. Source: http://www.imf.org/external/np/fin/data/rms_sdrv.aspx See fn. 2[4].

CONCLUSION

Judgment should be entered in favor of plaintiffs and against defendants Iberia Airlines and Milton Uribe in the amount of $1, 729.00, the applicable limit of liability under Article 22.2 of the Montreal Convention.

Exhibit "A"

Exhibit "B"


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