Case Notes: Marcela Diaz, et al. v. Miami Air Int’l, Inc., No. 3:21-cv-413-YJC-SJH, __ F. Supp. 3d __, 2024 WL 4651871(M.D. Fla. 1 Nov. 2024)
Bibliographic record
Abstract
A United States federal court in the Eleventh Circuit recently weighed in on the issue regarding recovery of mental injury damages under Article 17(1) of the Montreal Convention (MC). In litigation arising from the Miami Air International (MAI) Flight 293 accident in Jacksonville, Florida, the court granted MAI’s motion for partial summary judgment, (No. 3:21-cv-413- TJC-SJH, __ F. Supp. 3d __, 2024 WL 4651871 (M.D. Fla. Nov. 1, 2024)), holding that mental injury damages are recoverable only when they flow from a physical injury caused by an Article 17 accident. The court joined the majority view in the United States and expressly rejected the outlier opinion in Doe v. Etihad Airways, (870 F.3d 406 (6th Cir. 2017)), which had interpreted Article 17(1)’s text as allowing recovery for unrelated mental injuries provided the passenger sustains a physical injury.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.002 | 0.006 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.010 | 0.002 |
| Scholarly communication | 0.003 | 0.002 |
| Open science | 0.002 | 0.002 |
| Research integrity | 0.012 | 0.007 |
| Insufficient payload (model declined to judge) | 0.029 | 0.005 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".