Martin v. United States

Citation448 F. Supp. 855
Decision Date29 November 1977
Docket NumberPB-75-C-234,PB-75-C-252 and PB-76-C-110.,No. PB-75-C-14,PB-75-C-117,PB-75-C-14
PartiesJoyce H. MARTIN, Executrix of the Estate of Benjamin Wilson Martin, Deceased, Mrs. Georgia G. Hendrickson, Administratrix of the Estate of Homer Hendrickson, Deceased, Sandra Allison, Individually and as next friend of Arthur J. Allison, Jr. and Lawrence Allison, minors, Mrs. J. B. Allison, Jack Allison, Mrs. Carlene Arnold Smith, Steven Lee Smith and Ragsdale Aviation, Inc., Plaintiffs, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. BEN W. MARTIN ENTERPRISES, INC., Martin Terminals Company and Logicon, Inc., Third-Party Defendants.
CourtU.S. District Court — Eastern District of Arkansas

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Coleman, Gantt, Ramsey & Cox, Pine Bluff, Ark., for Martin.

Henry Woods, Little Rock, Ark., and Charles B. Roscopf, Helena, Ark., for Hendrickson.

Tom Davis, Austin, Tex., for Allisons.

Ed Staten, Pine Bluff, Ark., and Silas B. Cooper, Jr., Abbeville, La., for Smiths.

William Overton, Little Rock, Ark., for Ragsdale.

Richard Pence, Asst. U. S. Atty., Little Rock, Ark., and Don Sime, FAA, Washington, D. C., for the U. S.

MEMORANDUM OPINION

OREN HARRIS, Senior District Judge.

The above numbered cases were commenced by the filing of complaints on behalf of the widows, survivors and estates of four men who were killed in the crash of an airplane, and by the owner of the airplane. Defendants included the alleged pilot of the airplane, the alleged corporate employers of the alleged pilot or pilots, and the United States of America. As all of the cases arose out of the same incident, they were consolidated and scheduled for trial, the claims against the individual and corporate defendants to be determined by a jury and the same jury to be utilized as an advisory jury as to the claims against the United States. Shortly prior to the scheduled trial date the Court was informed that all claims had been settled by the parties, with the exception of the claims against the United States and the counter and cross-claims asserted by the United States.

After the settlements, the pleadings were re-examined. The remaining parties, and their respective contentions, were determined to be as follows:

Joyce H. Martin, executrix of the estate of Benjamin Wilson Martin, claims damages on behalf of the estate and the survivors of Martin for wrongful death. Defendant is the United States. Martin was a qualified pilot, an occupant of a front seat of the aircraft, a highly successful businessman, and principal owner and controlling officer of Ben W. Martin Enterprises, Inc., Martin Terminals Company and Logicon, Inc. Martin's survivors, for whom claim is made pursuant to the provisions of the Arkansas Wrongful Death Act, include his widow, one son, three daughters, his mother and two sisters.

Mrs. Georgia G. Hendrickson, administratrix of the estate of Homer Hendrickson, deceased, claims damages on behalf of the estate and the survivors of Hendrickson for wrongful death. Hendrickson was a rear seat passenger on the aircraft. He had a successful career in journalism and, at the time of his death, was a public relations representative of the American Waterways Association. His survivors include a widow, two daughters and one son.

Mrs. Carlene Arnold Smith and Steven Lee Smith claim damages for the wrongful death of Marvin L. Smith. Smith was an employee of one or more of Martin's corporations and was a rear seat passenger on the airplane. Plaintiffs are his widow and son.

Sandra Allison, individually and as next friend of Arthur J. Allison, Jr., and Lawrence Allison, minors, Mrs. J. B. Allison and Jack Allison, the widow, two sons, mother and brother of Arthur J. Allison, claim damages for his wrongful death. Allison was a qualified pilot, an occupant of a front seat of the airplane, an employee of Ragsdale Aviation, Inc.

Ragsdale Aviation, Inc., was the owner of the aircraft, a Cessna 414, twin engine aircraft, registration number N44JG. Ragsdale claims damages for the value of the airplane, which was destroyed in the crash.

Each of these plaintiffs claims that the United States is liable, under the Federal Tort Claims Act, by reason of the alleged negligence of one or more air traffic controllers, who were acting within the course and scope of their employment by the Federal Aviation Administration, an agency of the United States government.

The United States denies that the controllers were guilty of any negligence which was a proximate cause of the accident, asserts that Martin and Allison were both guilty of negligence which was the sole proximate cause of the crash, and asserts cross and counter-claims against Martin, the three corporations owned and controlled by Martin, and Ragsdale Aviation, Inc., Allison's employer, for contribution should it be determined that the United States is liable for any damages.

The consolidated cause was tried to the Court, without the intervention of a jury, commencing on June 13, 1977 and continuing through June 16, 1977. The Martins were represented by Messrs. John Lile, Martin Gilbert and Harley Cox. The Hendricksons were represented by Messrs. Henry Woods and Charles Roscopf. The Allisons were represented by Hon. Tom Davis. The Smiths were represented by Messrs. Ed Staten, Silas Cooper and John Ortego. Ragsdale was represented by Messrs. William Overton and Gus Walton, Jr. The United States was represented by Assistant United States Attorney Richard Pence and Hon. Don Sime of the Federal Aviation Administration legal staff. All parties were well and ably represented.

The court heard and received evidence in the form of oral testimony, depositions and exhibits over a period of four full days of trial. The parties also filed a pre-trial stipulation and pre-trial briefs. After all parties had rested, counsel were given a substantial time within which to file post-trial briefs, proposed findings of fact and conclusions of law, and responses. All such filings are now complete and the cause is submitted for decision.

After careful consideration of the pleadings, the stipulation of the parties, the evidence, the proposed findings of fact and conclusions and the briefs and contentions of counsel, the Court makes the following findings of fact and conclusions of law, which are incorporated herein pursuant to Rule 52, Federal Rules of Civil Procedure:

These consolidated proceedings involve claims against the United States of America, plaintiffs alleging that air traffic controllers, employees of the Federal Aviation Administration were negligent in the performance of their official duties. This Court, therefore, has jurisdiction pursuant to 28 U.S.C. § 1346(b) and (c). Venue lies in this district pursuant to 28 U.S.C. § 1402(b), as the acts and omissions complained of and the crash of the aircraft occurred within this district.

The great majority of the facts are either stipulated or virtually undisputed. The aircraft involved was a Cessna 414, twin engine, bearing registration number N44JG, by which number or abbreviations thereof it will henceforth be referred to. The aircraft was owned by Ragsdale Aviation, Inc. Allison, an employee of Ragsdale, was a highly qualified pilot with multi-engine, commercial and instrument ratings. He piloted the plane to New Orleans, Louisiana and there met Martin, who was interested in purchasing such an airplane for Logicon, Inc., a corporation of which he was major owner and managing officer. A flight from New Orleans to Pine Bluff, Arkansas had been arranged to permit Martin to examine and test fly the aircraft.

Martin was also a highly qualified pilot, holding multi-engine and instrument ratings. The aircraft was equipped with dual flight controls and dual flight instruments, so that it could be flown from either the left or right front seats. It was customary for potential purchasers taking demonstration rides to be placed in the left front seat and for the owner's demonstrator pilot to take the right front seat. From all of the evidence, the Court finds that Martin was seated in the left front seat and Allison in the right front seat of N44JG during the flight. The two non-pilot occupants of the plane, Hendrickson and Smith, were seated in the cabin, without any instruments or controls.

N44JG departed from the Lake Front Airport, New Orleans, Louisiana, at approximately 5:24 P.M., Central Standard Time, on December 6, 1974, en route to Pine Bluff, Arkansas. The flight was under instrument flight rules (IFR). N44JG was given a general weather briefing for the entire state of Arkansas at 6:30 P.M. by the Greenwood, Mississippi F.A.A. Flight Service Station. The report indicated that all weather in the state was near or below the minimums of visibility which would permit a landing on instruments. Greenwood Flight Service Station also gave N44JG the Memphis, Tennessee conditions and forecast and suggested Memphis as the closest alternate field at which a landing might be made, should N44JG be unable to land at Pine Bluff. N44JG stated to Greenwood FSS by radio that they would continue to Pine Bluff, attempt one approach for landing, and divert to Memphis should the approach not permit the aircraft to land at Pine Bluff.

Pine Bluff airport is not equipped with radar, instrument landing systems, or other aids to permit a "precision" aided approach to landing. When weather conditions are such that an approach to land must be made under instrument flight rules, the only available method is what is known as a "VOR" approach.

Although referred to as a "non-precision" approach to a landing, a "VOR" approach is precisely defined and requires a certain flight path to be followed, closely controlled as to direction, altitude, rate of descent, speed and time. The flight path is described in detail on what is known as an approach plate, a schematic...

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  • Wehner v. Weinstein
    • United States
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