285 F.2d 521 (10th Cir. 1960), 6378, Richards v. United States
|Citation:||285 F.2d 521|
|Party Name:||Suzanne Thomas RICHARDS, nee Wadlow, individually and for the use and benefit of Debra Sue Richards, Appellant, v. UNITED STATES of America, and American Airlines, Inc., Appellees. Harvey BARUCK, Administrator of the Estate of Robert I. Zelens, Deceased, Appellant, v. UNITED STATES of America, and American Airlines, Inc., Appellees. Clarine FAROUGH|
|Case Date:||November 25, 1960|
|Court:||United States Courts of Appeals, Court of Appeals for the Tenth Circuit|
satisfaction for the wrongful deaths, and causes of action for such deaths became extinguished and recovery against the tort-feasor or tort-feasors was barred, even though acts complained of occurred in Oklahoma.
Joseph A. Sharp, Tulsa, Okl. (Speiser, Quinn & O'Brien, Edward M. O'Brien, New York City, Rucker, Tabor, Best, Sharp & Shepherd, Truman B. Rucker and O.H. 'Pat' O'Neal, Tulsa, Okl., were with him on the brief), for appellants.
Sherman L. Cohn, Atty., Dept. of Justice, Washington, D.C. (George Cochran Doub, Asst. Atty. Gen., B. Hayden Crawford, U.S. Atty., Tulsa, Okl., and Morton Hollander, Atty., Dept. of Justice, Washington, D.C., were with him on the brief), for appellee United States.
Fred M. Mock, Oklahoma City, Okl. (W. B. Patterson, Dallas, Tex., and Meivin
F. Pierce, Oklahoma City, Okl., were with him on the brief), for appellee American Airlines, Inc.
Before MURRAH, Chief Judge, and BRATTON and PICKETT, Circuit Judges.
BRATTON, Circuit Judge.
A passenger airplane owned and operated by American Airlines on a regularly scheduled flight crashed in Missouri and everyone on board was killed. Invoking pertinent provisions of the Federal Tort Claims Act, 28 U.S.C. §§ 1346, 1402, and the so-called Wrongful Death Statutes of Oklahoma, O.S.1951, Title 12, chapter 17, § 1051 et seq., survivors or legal representatives of passengers who lost heir lives instituted in the United States Court for Northern Oklahoma fourteen separate actions against the United States for the recovery of damages. The basis of the claim pleaded in each case was negligence on the part of the United States, acting through the Civil Aeronautics personnel, in permitting American Airlines to employ and use unsafe practices and procedures at its overhaul depot at Tulsa, Oklahoma, in repairing, rebuilding, overhauling, and inspecting its aircraft, aircraft engines, and component parts. More specifically, it was pleaded that as the result of such negligence, an unfit and unsafe cylinder was placed in one of the engines of the airplane at the overhaul depot; that the cylinder failed; and that such failure caused the crash. The United States denied negligence; denied liability; pleaded that the accident was an unavoidable casualty; pleaded that the...
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