Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Baylay v. Etihad Airways P.J.S.C.

United States Court of Appeals, Seventh Circuit

February 7, 2018

Martyn Baylay, Plaintiff-Appellant,
v.
Etihad Airways P.J.S.C., Saravdeep Mann, 909 North Michigan Avenue Corporation, and LHO Michigan Avenue Freezeout, LLC, Defendants-Appellees.

          Argued November 1, 2017

         Appeals from the United States District Court for the Northern District of Illinois, Eastern Division. No. 15 CV 8736 - Joan B. Gottschall, Judge.

          Before Manion, Kanne, and ROVNER, Circuit Judges.

          KANNE, CIRCUIT JUDGE.

         In 2013, Saravdeep Mann attacked his coworker, Martyn Baylay, with a bronze hotel decoration. The two men, members of a flight crew employed by Etihad Airways, were at a Chicago hotel for the night on a layover.

         Baylay sued Etihad, Mann, and the hotel's corporate entities in federal district court. The court dismissed all of Baylay's claims against Etihad on the basis that the claims should be heard by the Illinois Workers' Compensation Commission instead. The court entered an order allowing an immediate appeal of that decision, which Baylay filed on December 9, 2016 (No. 16-4113). A few months later, the district court dismissed Baylay's remaining claims. It reasoned that it had no original jurisdiction over the claims and declined to exercise its supplemental jurisdiction. Baylay filed his notice of appeal of that decision on May 5, 2017 (No. 17-1958). The appeals have been consolidated and are before us now. We affirm the dismissal of Baylay's claims.

         I. Background

         The following facts are drawn from Baylay's second amended complaint. See Veseley v. Armslist LLC, 762 F.3d 661, 664-65 (7th Cir. 2014) (when reviewing a 12(b)(6) motion, we accept the facts in the complaint as true); see also Sykes v. Cook Cty. Circuit Court Prob. Div., 837 F.3d 736, 739 (7th Cir. 2016) (when reviewing a dismissal for lack of subject-matter jurisdiction, we accept the facts in the complaint as true).

         Etihad Airways is a public joint stock company established by Emiri Decree and incorporated in the Emirate of Abu Dhabi, United Arab Emirates. Martyn Baylay, a British citizen, worked as a pilot for Etihad in 2013.

         That October, Etihad assigned Baylay to a flight crew that also included Saravdeep Mann. The crewmembers flew from Abu Dhabi to Chicago. After arrival, Etihad arranged for the crewmembers' transportation to The Westin on Michigan Avenue in Chicago for an overnight layover. Etihad paid for the accommodations.

         The crewmembers drank pre-dinner cocktails together that night, where Mann consumed a significant amount. It appeared to Baylay that he had imbibed before meeting the group, too. At dinner, Mann downed even more alcohol and then expressed anti-American and anti-British views while emphasizing his distaste for the British by placing his hands around Baylay's throat. Mann left the restaurant without paying his bill and without his coat. The crewmembers settled Mann's bill, and Baylay offered to take Mann's coat and return it the next day.

         Back at the hotel, Baylay heard a knock on the door of his hotel room and saw Mann standing outside his room. Thinking Mann was there to apologize for his earlier actions and collect his coat, Baylay opened the door. Mann struck him on the head and leg with a bronze hotel decoration. During the attack, Mann threatened Baylay, saying, "I'm going to kill you. You Peking British bastard." Baylay managed to escape, took the elevator to the lobby of the hotel, and was then transported to Northwestern Memorial Hospital. Mann was arrested and transported to the Chicago Police Department.

         Mann left the United States with Etihad's help after posting bond on October 14. He never returned, criminally violating his bond.

         Baylay filed the second amended complaint on February 25, 2016, in federal district court. He sued Mann; Etihad Airways; 909 North Michigan Avenue Corporation and LHO Michigan Avenue Freezeout, LLC-the Westin's corporate entities; and United Security Services, Inc.-the company that provided security for the Westin at the time of the incident. United Security Services was later voluntarily dismissed from the case.

         Against Etihad, Baylay brought state-law claims of negligent retention, negligence, and willful and wanton conduct. Against Mann, he brought state-law claims of negligence and willful and wanton conduct. And against the Westin's corporate entities, Baylay brought a state-law claim of negligence.

         In March 2016, Etihad filed a 12(b)(6) motion to dismiss Baylay's claims against it. The district court granted the motion, concluding that Baylay's state-law claims against his employer were barred by the exclusivity provisions of the Illinois Workers' Compensation Act ("the IWCA"). If Baylay wanted to pursue claims against his employer arising from the incident with Mann, he needed to do so in front of the Illinois Workers' Compensation Commission ("the Commission"). The court entered ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.