Kaikkonen v. Alaska Air Group

Background

Ashley Kaikkonen originally filed this personal-injury lawsuit in California state court. She alleged that she was exposed to toxic fumes during a June 30, 2018 flight from Seattle to Los Angeles while working as a flight attendant for Alaska Airlines. She asserted claims for negligence, fraudulent concealment, and violations of California’s unfair competition law. The defendants removed the case to federal court based on diversity jurisdiction and moved to dismiss all claims.

Kaikkonen did not oppose dismissal of her negligence claim under California Civil Code § 1714(a) or her claim seeking an injunction under California Business and Professions Code § 17200. She also appeared to concede that she had not adequately alleged liability against Alaska Air Group and requested permission to amend.

Fraudulent-Concealment Claim

Kaikkonen’s remaining claim alleged fraudulent concealment of her injuries under California Labor Code § 3602(b). That statute requires allegations that the employer concealed the existence of the injury, concealed the connection between the injury and the employment, and that the injury was aggravated after the concealment. Because the claim sounded in fraud, the court applied Federal Rule of Civil Procedure 9(b), which requires the circumstances of fraud to be stated with particularity.

Kaikkonen alleged that she became dizzy, disoriented, and short of breath after hearing a hissing sound during the flight. The lead flight attendant notified the pilots, and Kaikkonen was taken to a hospital after landing. About six hours later, the flight captain suggested that she be tested for carbon-monoxide exposure. Her test showed slightly elevated levels. Kaikkonen alleged that the defendants had knowledge of her injury and had concealed its connection to toxic-fume exposure, delaying medical care and aggravating her injuries.

The court found that the complaint did not adequately identify who knew about Kaikkonen’s injury or how the defendants concealed the relevant information. It also did not adequately allege how the defendants concealed the connection between her injury and her employment, explain why the captain’s suggestion to seek carbon-monoxide testing did not give her notice of possible toxic-fume exposure, or provide more than a conclusory allegation that the delay aggravated her injury.

Ruling

The court granted the defendants’ motion to dismiss. Because Kaikkonen did not oppose dismissal, her first cause of action for negligence and third cause of action for an injunction were dismissed with prejudice. Her second cause of action for fraudulent concealment under California Labor Code § 3602(b) was dismissed with leave to amend. The court permitted her to file an amended complaint within 21 days, but prohibited her from adding new causes of action or defendants. The court also allowed allegations relevant to Alaska Air Group’s liability to be added. Judge Haywood S. Gilliam, Jr. continued the initial case-management conference to May 18, 2021.