A Canadian who alleges she injured her back while sliding down an emergency escape chute from an aircraft at Dublin Airport has been told the Irish courts have no jurisdiction to determine her claim for damages.
Judge Yvonne Murphy held in the Circuit Civil Court yesterday that under Article 28 of the Warsaw Convention Mrs Doris Jamieson, of Courtice, Ontario, must prosecute her claim either in England or Canada.
Mr Tony O'Connor, counsel for British Midland Airways, told the court Mrs Jamieson had contracted with Air Canada to fly from Toronto to London, and then to Dublin with his client. While continuing her journey to Dublin an emergency situation had arisen.
Judge Murphy held the contract was not for a direct flight from Toronto to Dublin and back and said she could not, having regard to the provisions of the Warsaw Convention, accept Dublin as the place of destination.
She awarded costs against Mrs Jamieson.