Opinion
No. 04-55526, D.C. No. CV-03-02088-JFW.
Argued and Submitted December 6, 2006 Pasadena, California.
January 22, 2007.
Appeal from the United States District Court for the Central District of California John F. Walter, District Judge, Presiding.
Before: BEEZER, WARDLAW, and PAEZ, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Cir. R. 36-3.
The district court's order granting summary judgment is affirmed with respect to Paula James's claim that Delta Airlines's failure to warn her was an accident under Article 17 of the Warsaw Convention. See Caman v. Cont'l Airlines, Inc., 455 F.3d 1087, 1092 (9th Cir. 2006) (holding that an airline's "failure to warn . . . of the risk of developing [Deep Vein Thrombosis] is not an Article 17 `accident'").
Convention for the Unification of Certain Rules Relating to International Transportation by Air, Oct. 12, 1929, art. 17, 49 Stat. 3000, T.S. No. 876 (1934), reprinted in note following 49 U.S.C. § 40105.
Consequently, we also hold that the district court did not abuse its discretion in refusing to allow further discovery related to Delta's alleged failure to warn. See Fed.R.Civ.P. 56(f); Tatum v. City County of S.F., 441 F.3d 1090, 1100 (9th Cir. 2006) (continuances for further discovery under Rule 56(f) are appropriate only where "the specific facts that further discovery would reveal . . . would preclude summary judgment.").
In light of Appellant's allegation of an Article 17 "accident" and the Supreme Court's decision in Olympic Airways v. Husain, 540 U.S. 644 (2004), we remand to the district court to consider whether Appellant has adequately pleaded a claim that Appellee failed to assist her, and if so, whether she has submitted evidence sufficient to withstand summary judgment on that claim.