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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ABDEL MONEN YAHYA, Individually Case No. 08-14789

and as Personal Representative of the Estate

of SAID MOSHIN YAHYA, DECEASED HONORABLE SEAN F. COX

United States District Judge

Plaintiffs,

v.

YEMENIA-YEMEN AIRWAYS, a Foreign

Corporation for Profit; NORTHWEST 

AIRLINES, INC., a wholly-owned subsidiary

of Delta Airlines, Inc., a Foreign Corporation 

for Profit; and GSA-ARABIAN HORIZONS

TRAVEL AND TOURISM, a Foreign 

Corporation,,

Defendants.

_____________________________________/

OPINION & ORDER DENYING ARABIAN HORIZONS TRAVEL & TOURISM’S MOTION

FOR RECONSIDERATION [Doc. No. 35]

Plaintiff Abdel Monen Yahya (“Plaintiff”), as personal representative of the Estate of

Said Mohsin Yahya (“Yahya”) filed this cause of action on November 14, 2008 [Doc. No. 1],

alleging that the defendants’ refusal to land an international flight during a health emergency

caused Yayha’s death. The matter is before the Court on Defendant GSA-Arabian Horizons

Travel and Tourism, Inc.’s (“Arabian”) Motion for Reconsideration [Doc. No. 35], in which

Arabian requests that the Court reconsider its denial of Arabian’s Motion to Dismiss [Doc. No.

21]. The Court declines to hear oral argument pursuant to Local Rule 7.1(g)(2). As Arabian’s

motion for reconsideration “merely presents the same issues ruled upon by the court” in its

motion to dismiss, the Court DENIES Arabian’s Motion for Reconsideration [Doc. No. 35].

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BACKGROUND

In its October 20, 2009 Opinion & Order, the Court rejected Arabian’s argument that it

could not be held liable under the Montreal Convention. [See October 20, 2009 Opinion &

Order, Doc. No. 33, pp.11-12]. In doing so, the Court relied primarily upon the Southern

District of Florida’s holding in In re West Caribbean Airways, S.A., 619 F.Supp.2d 1299 (S.D.

Fla. 2007). 

In its Motion for Reconsideration, Arabian argues that the Court erred in finding West

Caribbean Airways applicable to the instant case: 

. . . Arabian Horizons did not enter into any contract of carriage. As a general

sales agent for Yemenia-Yemen Airways, Arabian Horizons merely facilitated the

making of a contract of carriage between the Plaintiff’s decedent and Yemen

Airways. As noted by the West Caribbean Court, the term “principal” was

specifically used in the Montreal Convention to clarify that those acting solely as

agents could not qualify as “contracting carriers.” [West Caribbean Airways, 619

F.Supp.2d] at 1307. 

Arabian Horizons did not charter any planes from Yemenia-Yemen Airways nor

made any contracts with Plaintiff’s decedent. Arabian Horizons acted solely as

the agent of Yemenia-Yemen Airways in providing the Yemenia-Yemen Airway

ticket requested by Plaintiff’s decedent. Therefore, the West Caribbean case is

not applicable. 

[Def.’s Br., Doc. No. 35, p.4].

As the holding in West Caribbean Airlines is far broader than Arabian’s above-quoted

argument, however, the Court disagrees. Arabian is correct that the travel agency involved in

West Caribbean Airlines appears to have been involved to a greater degree than Arabian is

alleged to have been involved in the instant case, but this fact alone does not render West

Caribbean Airways inapposite. Indeed, West Caribbean Airways centered its holding upon the

fact that, in that case, the travel agency created the contract of carriage at issue in the case. Id.

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at 1306. 

To be sure, Plaintiff’s amended complaint against Arabian must make out a prima facie

allegation that Arabian is a “contracting carrier” under Article 39 of the Montreal Convention. 

Further, Plaintiff will bear the burden of evidencing genuine issues of material fact to support

these allegations at the summary judgment phase of this litigation. As West Caribbean Airways

noted, a finding that a travel agency is a “contracting carrier” includes a requirement that the

agency be acting as a principal, and not merely as an agent of another:

Under international and maritime law, “person” can act either as an agent or a

principal when contracting for transportation, depending on whether it acts on its

own initiative or for another. In this case, [the travel agent] acted as a “principal”

because it contracted with West Caribbean for its aircraft and crew, and then

independently contracted to supply air transportation and ancillary services to

[another intermediary]. 

Id. at 1306-07 (emphasis in original). If Plaintiff’s amended complaint - which must be filed by

Plaintiff no later than December 16, 2009 - does not allege a prima facie case for liability against

Arabian under the Montreal Convention, then Arabian is free to bring another motion to dismiss

under Rule 12(b)(6). Further, at the close of discovery Arabian is free to bring a summary

judgment motion forcing Plaintiff to come forward with genuine issues of material fact regarding

Arabian’s status as a “principal” under Article 39 of the Montreal Convention. 

CONCLUSION 

For the reasons explained above, the Court DENIES Arabian’s Motion for

Reconsideration [Doc. No. 35]. 

IT IS SO ORDERED.

S/Sean F. Cox 

Sean F. Cox

United States District Judge

Dated: November 18, 2009

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ABDEL MONEN YAHYA, Individually Case No. 08-14789

and as Personal Representative of the Estate

of SAID MOSHIN YAHYA, DECEASED HONORABLE SEAN F. COX

United States District Judge

Plaintiffs,

v.

YEMENIA-YEMEN AIRWAYS, a Foreign

Corporation for Profit; NORTHWEST 

AIRLINES, INC., a wholly-owned subsidiary

of Delta Airlines, Inc., a Foreign Corporation 

for Profit; and GSA-ARABIAN HORIZONS

TRAVEL AND TOURISM, a Foreign 

Corporation,,

Defendants.

_____________________________________/

PROOF OF SERVICE

I hereby certify that a copy of the foregoing document was served upon counsel of record 

on November 18, 2009, by electronic and/or ordinary mail.

S/Jennifer Hernandez 

Case Manager

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