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In 2004, Ellen Kruger was boarding a flight from San Francisco to Seattle, on her way home from Australia, when she was struck on the

  1. In 2004, Ellen Kruger was boarding a flight from San Francisco to Seattle, on her way home from Australia, when she was struck on the head with a backpack swung by another passenger. During the flight she became ill, vomited, and remained unconscious for much of the flight. She sued the airline for pain and suffering, emotional distress, and punitive damages. Her husband also sued for loss of consortium and companionship of his wife.

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1)Which law should be applied in the case ? Explain.

2) What maybe the court decision? Write down your reasoning based on the related law.

3)How would this case be decided if the injuries were the result of the aircraft plunging into the middle of the Pacific Ocean?

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