Vanoni v. Western Airlines

ELKINGTON, J.

Plaintiffs appeal from a judgment of dismissal entered pursuant to an order sustaining defendant’s general demurrer without leave to amend.

Plaintiffs filed a complaint for damages against Western Airlines and several “Does” alleging,

inter alia,

that on October 18, 1964, plaintiffs were paying passengers on a certain flight departing from Las Vegas, Nevada, with the destination of said flight being Los Angeles, California. The complaint continues “that plaintiffs, and each of them, purchased tickets in San Francisco, California, and at said place contracted with defendants, and each of them, for a round-trip flight to Las Vegas, Nevada, and return to the City and County of San Francisco, State of California.

“That on or about the 18th day of October, 1964, while plaintiffs . . . were on the return flight to San Francisco, California, from Las Vegas, Nevada, and while on that part of the flight that was going to Los Angeles, California, approximately 45 minutes flight time outside of Las Vegas, Nevada, defendants ... so carelessly and negligently maintained, owned, operated and controlled the aforesaid aircraft so as to lead plaintiffs ... to believe that said aircraft was in mechanical trouble, and further led plaintiffs ... to believe that said aircraft was going to crash; that in fact the above careless and negligent actions and words of defendants . . . were false although believed to be true and acted upon by plaintiffs, ...”

Then comes the language which is the subject of this appeal —“That as a result of the carelessness and negligence of defendants, and each of them as aforesaid, plaintiff . . . was caused great grievous mental suffering, anguish, and anxiety and

suffered severe shock to his nerves and nervous system, and suffered other injuries,

the exact nature and extent of which are unknown . . . and plaintiff prays leave to amend and insert same herein when fully ascertained.” (Italics added.)

Each plaintiff prayed for general damages in the sum of $50,000 and for special damages in an amount not yet fully ascertained.

Defendant demurred generally to the complaint on the' grounds that it did not state facts sufficient to constitute a cause of action. The matter came on for hearing and an order sustaining the demurrer without leave to amend was entered.