United States District Court, D. Columbia.
Syed M. Arif Naqvi, Plaintiff,
Saudi Arabian Airlines, Inc., Defendant
M. ARIF NAQVI, Plaintiff, Pro se, Fairfax, VA.
SAUDI ARABIAN AIRLINES, INC., Defendant: Lisa Marie Kaas,
LEAD ATTORNEY, DICKSTEIN SHAPIRO LLP, Antitrust & Financial
Services Litigation, Washington, DC.
Mehta, United States District Judge.
travel can be a hassle. But not every travel inconvenience is
a compensable wrong. Believing otherwise, Plaintiff Syed M.
Arif Naqvi brought breach of contract and negligence claims
against Defendant Saudi Arabian Airlines, Inc. ("
SAA" ), seeking to recover damages arising from various
complications he and his wife encountered before boarding an
SAA flight from Jeddah, Saudi Arabia, to Islamabad, Pakistan.
Having concluded that Plaintiff suffered no more than travel
nuisances, rather than any compensable harms, the court
grants SAA's Motion for Summary Judgment.
February 13, 2014, Plaintiff Syed M. Arif Naqvi and his wife
departed from Washington Dulles International Airport for a
multi-city trip that included a stop-over in Jeddah, Saudi
Arabia. Pl.'s Cross Mot. for Summ. J., ECF No. 12
[hereinafter Pl.'s Cross Mot.], Stmt. of Undisputed
Material Facts [hereinafter Pl.'s Stmt. of Facts], ¶
7. On February 24, 2014, Plaintiff and his wife were
scheduled to depart from King Abdulaziz International Airport
in Jeddah, Saudi Arabia, traveling to Islambad, Pakistan, on
board an SAA flight that was scheduled to depart at 5:00 a.m.
Pl.'s Stmt. of Facts ¶ 3; see also
Pl.'s Cross Mot., Ex. E, at 23. One day prior, Plaintiff
checked into his flight online and received a boarding pass
via email from SAA, which indicated that his flight would
depart from the airport's South Terminal. Pl.'s Cross
Mot., Ex. E, at 23. Plaintiff did not check
the status of his flight between the time he received his
boarding pass and his arrival the next morning at the South
Terminal. Def.'s Mot. for Summ. J., ECF No. 11
[hereinafter Def.'s Mot.], Ex. A-1, ECF No. 11-2
[hereinafter Naqvi Depo. Tr.], at 41:20-22, 58:16-59:11. It
was not until he arrived at the South Terminal at 2:00 a.m.
that Plaintiff learned from an SAA agent that his flight
would depart from the Hajj Terminal, not the South Terminal.
Pl.'s Stmt. of Facts ¶ 8. SAA did not give Plaintiff
a reason for the terminal change. Id. ¶ 10.
the Hajj Terminal was at least 5 miles away, Plaintiff
hailed a taxicab to take him there. Id. ¶ 11.
However, because of construction around the Hajj Terminal,
the taxicab driver was unable to take Plaintiff directly to
the main entrance; instead, the driver dropped Plaintiff off
" several hundred feet" away, requiring him to walk
that distance with his luggage. Id. ¶ 12.
Plaintiff did not seek assistance loading, unloading or
carrying his baggage to the Hajj Terminal. Naqvi Depo. Tr. at
the change in terminals, Plaintiff arrived at the lounge near
his departure gate approximately fifteen minutes before
boarding time. Pl.'s Stmt. of Facts ¶ 13. Plaintiff
suffers from diabetes and, upon reaching the lounge, began
looking for drinking water with which to take his medication.
Id. ¶ ¶ 14, 16. A " staff"
member advised him that no drinking water was available,
id. ¶ 14; Naqvi Depo. Tr. 144:22-146:22, which
forced him to drink water from the bathroom sink, Pl.'s
Stmt. of Facts ¶ 16. Plaintiff found the bathroom to be
" unsanitary and nauseating." Id. ¶
boarded the flight, apparently without incident. During the
flight, Plaintiff began to experience arm, neck, and leg
pain. Id. ¶ 18. After arriving in Pakistan, he
consulted a doctor who diagnosed Plaintiff with " a case
of Brachalgia" --the medical term for arm
pain--" left with possibility of
Thoracic outlet syndrome" --a compression or irritation
of neck and chest nerves--" precipitated because of
unaccustomed physical activity that he had to endure during
handling of heavy luggage at various airports."
Pl.'s Cross Mot., Ex. I, at 30. The doctor prescribed
pain medication, rest, and use of a cervical collar.