The pro se plaintiff commenced litigation to recover for emotional injuries, alleging breach of contract and "discrimination under a kaleidoscope of federal statutes" arising out of Turkish Airlines' failure to provide him with an exit row seat or a seat with extra leg room, or to provide any information regarding safety during the flight or illuminate the seat belt sign prior to landing. The court found as a preliminary matter that the Montreal Convention applied to and preempted both the breach of contract and federal discrimination claims. The court then granted Turkish Airlines' motion to dismiss for failure to state a claim under the Montreal Convention because the plaintiff did not allege an Article 17 "accident," as the failure to assign the plaintiff a new seat with more leg room was neither unexpected nor unusual, or a "bodily injury," as he allegedly suffered only emotional injury. Naqvi v. Turkish Airlines, Inc., 2015 U.S. Dist. LEXIS 21239 (D. D.C. Feb. 23, 2015).
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