Father Suffers Setback in Negligence Case Against Airline
City News Service
Monday, December 29, 2008

Superior Court judge rules that ANA is not responsible for the baby abduction.

Uchiyama

Baby Melissa

A judge ruled that a Japanese airline is blameless for allowing a Los Angeles-area woman to fly her baby daughter to Japan without the permission of the child’s father, law­yers said Friday.

During a hear­ing Wednesday, Los Angeles Su­perior Court Judge William F. Fahey found that lawyers for Patrick Braden had not presented enough evidence of liability on the part of All Nippon Airways.

But the judge rejected the airline’s request for an immediate judgment in its favor and gave Braden’s lawyers 10 days to amend the complaint with a stronger case.

Braden’s daughter, Melissa Hinako Braden, was born April 6, 2005. In March 2006, Braden and mom Ryoko Uchiyama were granted joint legal and physical custody of the girl, according to court papers in the case.

Braden and Uchiyama were not married, but lived together for a time, Smith said.

Ten days after the custody order was issued, took the girl to Tokyo on an ANA flight, and Braden has not seen the girl since, according to his lawsuit, filed March 14.

He alleges custodial relations and negligence, arguing the airline should have a policy that single parents travel­ing with a child need notarized approval from the other parent to do so.

ANA lawyers maintain it would be too burdensome for airlines to obtain permission from both parents when­ever a minor child is traveling with an adult.

“First and foremost, kidnap­ping by a parent is unforeseeable, especially when the minor child is traveling abroad with her parent,’’ the airline’s law­yer argued. “Al­though it is certain that (Braden) suf­fered emotional injuries, ANA’s conduct had no connection with the actions and conduct of Ryoko, the true guilty party in this dispute. Certainly, ANA did not act immorally.’’

ANA attorney Eric Weiss had argued that a ruling in the father’s favor could open up the floodgates for such litiga­tion. He said he is pleased with the rul­ing and was not disappointed the judge gave the other side a chance to fix the complaint, given that the subject matter is still relatively new.

“It’s a sad case for Mr. Braden and we all feel for him, but the airline should not be held responsible,’’ Weiss said.

Braden’s lawyer, Gregory W. Smith, said Fahey’s decision was not unexpect­ed given that the arguments he and his client are making are novel in nature.