This section contains the nature of the case and procedural background.

Upon arrival of a United Airlines (D) flight at the gate, a briefcase fell from the overhead compartment which seriously injured Andrews (P). There was no claim that airline personnel were involved in stowing the object or opening the bin. No one knew who opened the compartment or what caused the briefcase to fall. Warnings were placed on arrival announcements that items stored in overhead bins may have shifted and that passengers should use caution. Expert testimony revealed that there were 135 reported incidents of items falling from overhead bins. The district court dismissed the suit on summary judgment. P appealed.

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