Hughes v. Southwest Airlines Co.

Dist. Ct. did not err in dismissing for failure to state cause of action plaintiff-airline passenger's breach of contract claim against defendant-airline, where plaintiff alleged that defendant breached contract by canceling plaintiff's flight to Chicago-Midway Airport because it lacked sufficient de-icing solution at Midway Airport. Record showed that: (1) shortly before instant scheduled boarding time, defendant canceled plaintiff's flight and informed him that it might be several days before it could reschedule flight; (2) according to plaintiff, no other airline had similar issue that day; and (3) plaintiff decided to fly to Omaha, spend night at hotel there and then proceed to Chicago next day, which required that he incur consequential damages for increased travel costs to Chicago. While plaintiff argued that defendant's failure to keep sufficient de-icer on hand constituted breach of contract, Dist. Ct. could properly find that defendant's contract with plaintiff did not require that defendant maintain sufficient reserves of de-icer, and that imposing such requirement would constitute impermissible implied term. Moreover, cancellation of flight alone was not breach of contract, and instant contract otherwise allowed defendant to place plaintiff on alternate flight or refund his fare, which defendant had offered to plaintiff.