Facts of the case
An American Airline's employee served alcohol to Debord prior to the assault and knowing that he was intoxicated and his behavior was "erratic and aggressive". Gregory Langadinos appealed from the district court's order dismissing his amended complaint alleges that AA violated the Warsaw Convention by continuing to serve alcohol to an intoxicated passenger who then assaulted Langadinos. AA filed a motion to dismiss for failure to state a cause of action, arguing, (inter alia) that the Warsaw Convention count was based on unsubstantiated, conclusion allegations. The district court granted the motion to dismiss, pursuant to Fed. R. Civ. P. 12(b). We VACATE and REMAND. On June 13, 1996 Langadinos boarded an AA flight in Boston, Mass. Bound for Paris. He requested some aspirin from the flight attendant and was ignored while she attended to another passenger in a personal manner. During the flight, Langadinos went to the lavatory and while he was waiting, he was assaulted by Chris Debord, which was the person from earlier in the flight that was being catered to by the flight attendant.
Debord grabbed Langadinos by his testicles. After the alleged assault, Langadinos reported the incident to the flight crew, but he was not satisfied with their response. Langadinos requested that Debord be arrested upon arrival in Paris. Debord was never arrested and Langadinos was not satisfied with the outcome. Langadinos then filed a two count complaint against AA in the district court of Massachusetts. The allegation was the Common Law Tort and Breach of the Warsaw Convention.
Under the Warsaw Convention claim that Langadinos claim, "The carrier shall be liable for damages sustained in the event of death or wounding of a bodily injury suffered by a passenger, if the accident which caused the damage sustained took...