*1263 Because Flight 2441 was full and plaintiffs had checked in late, Gonzalez placed them on the "priority standby" list at no additional cost, for the next available Southwest flight to Kansas City. Although Gonzalez was stern, she and plaintiffs had a civil conversation. Plaintiffs did not know about the ten minute rule, so Gonzalez showed Fuller that it was printed on her ticket.
Southwest customer service agent Laura Gonzalez, who was at the gate, refused to let plaintiffs board because their check-in time was less than ten minutes before the scheduled departure and they were subject to Southwest's ten minute rule. They waited in the Southwest check-in line for about 45 minutes and arrived at the departure gate at 9:22 a.m. On February 15, 2001, plaintiffs arrived at the Las Vegas airport around 8:30 a.m. Their return flight, number 2441, was scheduled to leave Las Vegas at 9:30 a.m. On February 12, 2001, plaintiffswho are sisters flew from Kansas City, Missouri to Las Vegas, Nevada on Southwest Airlines. The following facts are either undisputed or, where disputed, construed in the light most favorable to plaintiffs. Essentially, the inquiry is "whether the evidence presents a sufficient disagreement to require submission to the jury or whether it is so one-sided that one party must prevail as a matter of law." Anderson, 477 U.S. "In a response to a motion for summary judgment, a party cannot rely on ignorance of facts, on speculation, or on suspicion, and may not escape summary judgment in the mere hope that something will turn up at trial." Conaway v. Summary judgment may be granted if the non-moving party's evidence is merely colorable or is not significantly probative. The Court must view the record in a light most favorable to the party opposing summary judgment. The nonmoving party may not rest on her pleadings but must set forth specific facts. First Affiliated Sees., Inc., 912 F.2d 1238, 1241 (10th Cir.1990) see also Matsushita Elec.
Once the moving party meets its burden, the burden shifts to the nonmoving party to demonstrate that genuine issues remain for trial "as to those dispositive matters for which it carries the burden of proof." Applied Genetics Int'l, Inc. The moving party bears the initial burden of showing the absence of any genuine issue of material fact. A "genuine" factual dispute requires more than a mere scintilla of evidence. A factual dispute is "material" only if it "might affect the outcome of the suit under the governing law." Anderson, 477 U.S. Summary judgment is appropriate if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. For reasons stated below, the Court sustains each motion in part. # 78) filed Novemand Defendant Southwest Airlines Co.`s Motion For Summary Judgment (Doc. The matter is before the Court on Defendant Southwest Airlines Co.'s Motion To Exclude The Testimony Of Plaintiffs' Expert Valdenia Winn (Doc. Fuller also alleges that Southwest negligently inflicted emotional distress. § 1981 and intentionally inflicted emotional distress under Kansas law. ("Southwest"), alleging that it violated their rights under 42 U.S.C. Louise Sawyer and Grace Fuller bring suit against Southwest Airlines Co. Wissel Lewis, Rice & Fingersh, L.C., Kansas City, MO for Louise Sawyer.
O'Connell, Baker, Sterchi, Cowden & Rice, L.L.C., Kansas City, MO, for Southwest Airlines Co.Įlizabeth Drill Nay, Lewis, Rice & Fingersh, L.C., Kansas City, MO, Scott A. Cowden Baker, Sterchi, Cowden & Rice, L.L.C., Kansas City, MO, Mary C.