Question: Hansen a passenger on an America West flight put a
Hansen, a passenger on an America West flight, put a robotic head worth approximately $750,000 in the overhead compartment for storage during his flight. When he changed planes, he forgot to bring his robot head with him. By the time he realized what had happened, the plane with the robot head had already departed on another flight. Airline officials said they would retrieve it when the plane landed, and would ship it to him in San Francisco, but Hansen never received the head. He sued for damages for conversion and negligence. The airline was granted its motion for summary judgment on grounds that the loss was covered by a valid limitation of liability clause contained in the contract of passage and that the airline had offered Hansen the opportunity to insure the head for a greater amount, but he had chosen not to. Do you think the award for summary judgment should have been upheld on appeal? Why or why not?
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