UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

x 

GABEBA BADEROON, 

Plaintiff, 

-againstUNITED AIRLINES, INC.; DEUTSCHE 

LUFTHANSA AG, INC. 

Defendant. 

x 

COMPLAINT & 

JURY TRIAL DEMAND 

Plaintiff Gabeba Baderoon files this complaint for damages against Defendants United 

Airlines, Inc. ("United") and Deutsche Lufthansa AG, Ina ("Lufthansa"). 

PRELIMINARY STATEMENT 

1. Plaintiff was severely injured as a result of an accident on board United Airlines 

Flight 9587 while en route to State College, Pennsylvania. from Cape Town, South Africa, on June 

4, 2018. She brings this claim under the Convention for the Unification of Certain Rules for 

International Carriage by Air done at Montreal on May 28, 1999 (the "Montreal Convention"). 

PARTIES, JURISDICTION &VENUE 

2. Plaintiff Gabeba Baderoon is a citizen of Pennsylvania. Her primary residence is in 

State College, Pennsylvania. 

3. .Defendant United Airlines, Inc. is a Delaware corporaflon with a principal place of 

business is in Illinois, at 233 S. Wacker Drive Chicago, IL 60606. 

4. Defendant Deutsche Lufthansa AG, Inc. is a German corporation with a principal 

place of business is in Germany. Lufthansa is registered to do business in Illinois and has a 

registered agent located at 208 So LaSalle St., Suite 814 Chicago, Illinois 60604. 

Case: 1:20-cv-02938 Document #: 1 Filed: 05/18/20 Page 1 of 5 PageID #:1
5. This Court has subject matter jurisdiction over this case under 28 U.S.C. § 1331 

because the Montreal Convention, a treaty ratified by the United States, governs her claims. 

6. Plaintiff was severely injured as a result of an "accident," pursuant to the 

Convention, because an object fell from the baggage compartment and struck Plaintiff in the head, 

causing her to suffer a traumatic brain injury and other injuries. 

7. The accident and injuries occurred on board UA9587, which was the first leg of a 

return round trip between Cape Town, South Africa and State College, Pennsylvania. Lufthansa 

operated UA9587 pursuant to a code sharing agreement with United, the contracting carrier. 

8. South Africa and the United States both adhere to the Monlzeal Convention. 

9. Subject matter jurisdiction is proper in the Northern District Illinois under the 

Convention because United's principal place of business is in Chicago, Illinois, and United and 

Lufthansa entered into the contract for carriage with Plaintiff from Illinois. 

10. This Court has personal jurisdiction over United because United's principal place 

of business is in Chicago, Illinois, and United entered into the contract for carriage with Plaintiff 

from Illinois. 

11. This Court has personal jurisdiction over Lufthansa because Lufthansa purposely 

availed itself of the privilege of doing business in Illinois and Plaintiffs claims both arise from 

and relate to those in-state contacts. Lufthansa entered into a contractual "code-sharing" 

agreement with United in Illinois whereby Lufthansa would provide carriage on certain flights to 

United customers and/or whereby United would sell Lufthansa flight to American passengers as 

an agent for Lufthansa. Plaintiff's injuries occurred on a Lufthansa flight sold pursuant to the 

described contractual agreement between United and Lufthansa, which was entered into with 

United in Illinois, where the ticket was also sold from. Personal jurisdiction is also proper over 

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Lufthansa because Lufthansa is registered to do business in Illinois and has a registered agent 

located at 208 So LaSalle St., Suite 814 Chicago, Illinois, 60604, and has therefore purposely 

availed itself of the privilege of doing business in Illinois and consented to jurisdiction in Illinois. 

12. Venue is proper in the Northern District of Illinois because United's headquarters 

is in Chicago. 

FACTUAL ALLEGATIONS 

13. Plaintiff incorporates all prior allegations in this complaint. 

14. On June 4, 2018, Plaintiff was seated on board United Flight 9587 when a hard, 

heavy object from the baggage compartment above her unexpectedly fell and struck her on the 

head after another passenger opened the compartment, causing her a severe and permanent brain 

injury. 

15. In the course of the flight, Defendants United and Lufthansa, and their respective 

agents and employees: 

a. Failed to appropriately ensure that items in the aircraft's luggage compartment were 

properly stowed; 

b. Failed to prevent items stowed in the aircraft's luggage compartment from falling 

and hitting Plaintiff; 

c. Failed to prevent passengers from opening baggage compartments mid-flight; 

d. Failed to institute appropriate procedures to prevent Plaintiff's injuries; 

e. Failed to render necessary medical aid to Plaintiff; 

£ Otherwise failed to ensure the safety of Plaintiff during the flight in ways that will 

be proven during the course of discovery and at trial. 

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16. As a result of the aforementioned events, acts and omissions, Plaintiff suffered 

severe and permanent injuries, including a traumatic brain injury. 

COUNT 1: MONTREAL CONVENTION DAMAGES 

17. Plaintiff incorporates all prior allegations of this Complaint. 

18. Because Plaintiff suffered injuries as a result of an accident in the course of 

international carriage by aircraft between two countries that are State Parties to the Montreal 

Convention, she is entitled to all available damages under the Montreal Convention, including 

Article 17 and Article 21. 

19. Plaintiff is entitled to damages in excess of the Montreal Convention jurisdictional 

limits under Article 21 of the Convention because Plaintiff's injuries were caused by the wrongful 

acts and omissions of Defendants, in that they: 

a. Failed to appropriately ensure that items in the aircraft's luggage 

compartment were properly stowed; 

b. Failed to prevent items stowed in the aircraft's luggage compartment from 

falling and hitting Plaintiff; 

c. Failed to prevent passengers from opening baggage compartments midflight; 

d. Failed to institute appropriate procedures to prevent Plaintiff's injuries; 

e. Failed to render necessary medical aid to Plaintiff; 

f. Otherwise failed to ensure the safety of Plaintiff during the flight in ways 

that will be proven during the course of discovery and at trial. 

20. As a result of the aforementioned events and acts and omissions, Defendants caused 

and contributed to Plaintiff's injuries. Therefore, Plaintiff is entitled to all available damages under 

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Article 21 of the Montreal Convention. 

DEMAND FOR JUDGMENT 

21. Plaintiff hereby demands judgment against Defendants in an amount to be 

determined at trial, together with interest, costs and disbursements of this action and all other 

legally available relief and remedies. 

JURY DEMAND 

Plaintiff demands a trial by jury. 

Dated: May 18, 2020 

Respectfully Submitted by: 

/s/ Brian LaCien 

One of the attorneys for the Plaintiff 

I~REINDLER & I~REINDLER LLP 

Kevin Mahoney (pro hac vice application to be submitted) 

KMahoneyna,kreindler.com

Erin Applebaum (pro hac vice application to be submitted) 

Eapplebaum(a~kreindler.com 

750 Third Avenue, 32"d Floor 

New York, NY 10017 

Tel. (212) 687-8181 

SMITH LACIEN, LLP 

Todd A. Smith 

tsmithna,smithlacien.com 

Brian LaCien 

blacien(a~smithlacien.com

Andrew Mason 

amasonna,smithlacien.com

70 W. Madison, Suite 5770 

Chicago, IL 60602 

312-509-8900 

Attorneys for Plaintiff 

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