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BASHARAT JAMIL v. KUWAIT AIRWAYS CORP.

September 30, 1991

BASHARAT A. JAMIL, Plaintiff,
v.
KUWAIT AIRWAYS CORPORATION, Defendant


Stanley Sporkin, United States District Judge.


The opinion of the court was delivered by: SPORKIN

STANLEY SPORKIN, UNITED STATES DISTRICT JUDGE

 BACKGROUND

 On September 25, 1991, the Court conducted a hearing based upon the defendant's motion to dismiss for lack of subject matter jurisdiction and failure to state a claim under which relief may be granted. Fed.R.Civ.P. 12(b)(1),(6). In ruling on such a motion, the Court must construe the complaint in the light most favorable to the plaintiff and take its allegations as true. McGowan v. Warnecke, 739 F. Supp. 662 (D.D.C. 1990). The alleged facts are as follows.

 Plaintiff Jamil is a citizen of the United States. Defendant Kuwait Airways Corporation ("KAC") is a corporation established under the laws of Kuwait and wholly owned by the Government of Kuwait. Mr. Jamil has sued KAC for ten million dollars in compensatory and punitive damages he allegedly suffered as a result of a four day delay in transportation from Karachi, Pakistan to London, England and from London to New York.

 Mr. Jamil's complaint provides too sparse a description from which to surmise how an injury of such magnitude is alleged. In an attempt to afford plaintiff every benefit of the doubt, however, the Court has considered the lengthy affidavit attached to the plaintiff's complaint and statements made by counsel in court. It appears from these that Mr. Jamil makes his claim as a "disappointed traveller" -- combining the complaints of a traveller with those of a disappointed bidder.

 In 1989, Mr. Jamil used a travel agent in the Washington, D.C. area to book passage on KAC to Pakistan. The purpose of the trip was to conduct certain negotiations for contracts with the Pakistani government. In April, 1989, KAC transported Mr. Jamil from the United States to Pakistan without incident. While in Pakistan, Mr. Jamil claims that a tentative "Memorandum of Understanding" concerning a government project was reached with an official of the Pakistani government. Mr. Jamil, however, still had to return home and finalize certain crucial documents to secure the funding for the project. He knew that it was imperative that such documents be completed by May 13, 1989.

 It is at this point that Mr. Jamil's complaints as a traveller begin. While initially scheduled to return home on May 2, 1989, Mr. Jamil extended his stay until May 9. On his way home from Karachi to New York, Mr. Jamil, experienced an unexpected four day delay. The delay, if it occurred as alleged by plaintiff, admittedly resulted from less than ideal customer service practices by KAC. In Karachi, Mr. Jamil was refused entrance onto his plane because the on duty manager did not feel he had properly confirmed his newly scheduled flight. After the misunderstanding was resolved Mr. Jamil booked the next KAC flight available on May 12, 1989. During the intervening three days Mr. Jamil did not attempt to purchase a ticket on another carrier, but waited to return until one day before his deadline. Plaintiff admits that he had a credit card with him.

 Mr. Jamil took the May 12, 1989 plane to London knowing that the first available connecting flight to New York was not until the next day, May 13. Mr. Jamil claims that because of a conspiracy based on animus that KAC personnel had developed against him in Karachi, he was bumped from his May 13, 1989 flight and was forced to book a flight on another carrier on May 14, 1989.

 Mr. Jamil's claim then assumes the form of a disappointed bidder. When he arrived in Washington, plaintiff called an official in the Pakistani government to explain the delay. Mr. Jamil alleges that the official understood the delay not to be plaintiff's fault and arranged that the same contract should be awarded plaintiff in the near future. Were events to have ceased here, Mr. Jamil's injuries would have amounted to no more than those of a frustrated traveller.

 DISCUSSIO ...


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