Vic: Vic Court of Appeal quashes DVT case against Qantas and BA

AAP General News (Australia)
12-24-2003
Vic: Vic Court of Appeal quashes DVT case against Qantas and BA

The Victorian Court of Appeal has refused a passenger's attempt to sue Qantas and British
Airways after he developed a deep-vein thrombosis.

Sydney man BRIAN POVEY launched civil action after travelling from Sydney to London
on a Qantas flight in February 2000 and returning with British Airways five days later.

He developed complications and suffered a stroke which left him with permanent disabilities.

His Melbourne-based law suit was to be a test case for hundreds of similar cases to
be lodged in the Victorian Supreme Court.

But according to the ABC, the Court of Appeal has ruled the statement of claims should
be struck out and actions against Qantas and British Airways permanently stayed.

The court ruled that the flight conditions which Mr POVEY said caused his deep-vein
thrombosis could not be legally defined as an accident which the airlines were liable
for.

AAP RTV mo/de/gjr/wz

KEYWORD: DVT (MELBOURNE)

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