The US Supreme Court ruled last week that Olympic Airways must pay a doctor’s widow $1.4m (£0.75m; €1.1m).
The case arose out of a flight from Athens to San Francisco in January 1998, when Dr Abid M Hanson, aged 52, a Californian doctor, was travelling home with his wife and children.
Dr Hanson had an asthmatic reaction to cigarette smoke, and his wife asked three times that he be switched to a seat nearer the front of the plane, away from the smokers. The flight attendant at first said there were no empty seats, and later said she was too busy to help him find a passenger prepared to change places with him. It was alleged, however, that there were 11 empty seats and a large group of airline employees, who could have been asked to switch seats.
About two hours into the flight, Dr Hanson moved to the front of the plane to get further from the smokers. Leaning against a seat near the plane’s galley, he gestured to his wife to bring him his emergency kit, which she did, and administered a shot of epinephrine. She awoke an allergist with whom they had been travelling, who gave him a second shot. When Dr Hanson’s heart stopped, the allergist administered cardiopulmonary resuscitation and oxygen. Despite all efforts, Dr Hanson died.
In their 6-2 decision, the Supreme Court upheld a lower court decision that the flight attendant’s refusal constituted an “accident” under the treaty governing airline liability, the Warsaw Convention.
Richard Daynard, professor of law at Northeastern University in Boston, who is chairman of the Tobacco Products Liability Project, which assists in suits against tobacco companies, said that a successful suit by a passenger against an airline over smoking may be unprecedented.
Smoking on international flights has become rare in the six years since this incident occurred.