Federal Appeals Court Revives American Airlines Lawsuit Over Teen’s Inflight Death
A federal appeals court has revived part of a lawsuit against American Airlines over the death of a 14-year-old passenger during a flight from Honduras to Florida, allowing claims tied to an allegedly malfunctioning onboard defibrillator to move forward toward trial.
A May 14 decision from the U.S. Court of Appeals for the Fifth Circuit stems from the 2022 death of Kevin Greenidge, who lost consciousness during the flight after experiencing breathing problems and chest pain. According to court records, flight attendants moved Kevin to the rear galley while two medically trained passengers assisted with CPR efforts before the aircraft diverted to Cancun. Kevin was later pronounced dead at a hospital.
Conflicting accounts about the aircraft’s automated external defibrillator, commonly known as an AED, became a major focus of the litigation. The device recorded that it delivered an electrical shock after detecting a shockable heart rhythm. Several witnesses, including a nurse and a surgical resident who helped treat Kevin on board, testified that they did not believe a shock was actually delivered during the emergency.
The Fifth Circuit found the conflicting testimony was enough to send part of the case back for trial. Judges pointed to Federal Aviation Administration regulations requiring commercial passenger aircraft to carry approved AEDs, finding that the alleged failure of the device could qualify as an unexpected onboard event under the legal standards governing international flights.
Because the flight originated outside the United States, the case is governed by the Montreal Convention, an international treaty covering airline liability for injuries and deaths during international air travel. Under the treaty, courts evaluate whether an unusual event during the flight contributed to the passenger’s injury or death.
Kevin’s family also argued that crew members reacted too slowly to the emergency, delayed CPR efforts, failed to quickly notify the cockpit, and did not contact an on-call physician service available to pilots during in-flight medical incidents.
Judges rejected those claims, concluding that prior court decisions generally do not treat an imperfect emergency response by airline personnel, on its own, as a qualifying accident under the Montreal Convention. Court records also showed crew members moved Kevin to the galley, sought medical assistance from passengers onboard, retrieved the AED, assisted with CPR efforts, and diverted the flight to the nearest airport.
Claims tied to the AED allegations will continue because federal aviation rules require airlines to carry functioning defibrillators onboard passenger aircraft. Judges said a jury could decide if the device failed during the emergency and contributed to Kevin’s death.
Damages tied to the family’s losses from Kevin’s death will also remain part of the case. Judges separately dismissed a claim accusing American Airlines of violating terms in its passenger agreement, concluding that the Montreal Convention governs many disputes involving injuries and deaths on international flights rather than separate contract claims.
The case will now return to the U.S. District Court for the Northern District of Texas for further proceedings.
