A lawsuit against an airline for allegedly taping a sex toy to the top of a checked bag should survive a motion to dismiss, the Fifth Circuit has ruled.
The complaint for intentional infliction of emotional distress, invasion of privacy, and negligence can proceed, the 5th U.S. Circuit Court of Appeals ruled in an unpublished opinion (attached below).
The lawsuit claims the sex toy had been removed from their luggage, covered in a greasy foul-smelling substance and taped to the top of one of their bags.
The bag was circulating on the luggage carousel at the Norfolk Airport when the travelers discovered it, the ABA Journal reports. The plaintiffs argue that airline employees targeted them because they are gay men.
The defendants -- United Continental Holdings, Inc. and Continental Airlines -- argued the plaintiffs' suit was preempted by Article 17 of the Montreal Convention, which governs airline liability, including liability for damage to baggage. But the 5th Circuit disagreed.
"The alleged misconduct in this case simply does not relate to any damage to plaintiffs' duffel bag ... rather, plaintiffs seek a remedy for the way in which their bag was utilized to inflict personal injury," the court ruled.
The case was remanded to the U.S. District Court in the Southern District of Texas.