Williams v. United States

• Decision Date: 23 October 1953
• Docket Number: Civ. No. 288,289.
• Parties: WILLIAMS et al. v. UNITED STATES.
• Court: U.S. District Court — Northern District of Florida

115 F. Supp. 386

WILLIAMS et al. v. UNITED STATES.

Civ. Nos. 288, 289.

United States District Court, N. D. Florida, Marianna Division.

October 23, 1953.

John H. Carter, Ben F. Barnes, Marianna, Fla., for plaintiffs.

Hayford O. Enwall, Asst. U. S. Atty., Gainesville, Fla., for defendant.

DE VANE, Chief Judge.

Plaintiffs in these cases seek damages from the United States for injuries suffered as the result of a tragic airplane accident that happened in Marianna, Florida on July 22, 1952. These suits were filed under the Federal Tort Claims Act, 28 U.S.C. Sections 1346, 2671-2678, 2680.

The complaints allege and the evidence shows that on July 22, 1952 at about 7:25 a. m. a B-47 Strato-Jet bomber airplane of the United States Air Force caught fire, exploded and disintegrated above the city of Marianna, Florida and some of its parts and contents, including a quantity of inflammable substance fell to the earth with great force, violence and concussion near the dwellings where Herman Floyd Williams and his family and W. C. Segers and his family resided.

When the parts of the airplane hit the ground near the Williams and Segers residences inflammable substance in character was scattered over a large area, was ignited and created intense heat and flame, which enveloped two minor children of the Williams family, who were burned so severely they died shortly after arrival at a hospital. The explosion, which occurred approximately 5,000 feet above the ground, scattered considerable inflammable material in the air, which caught fire. The explosion was so loud and violent at the time it occurred that it produced some panic among the residents around the Williams and Segers residences, causing many of the residents in the neighborhood to rush out of their homes and flee for safety. Some of the inflammable material, which was afire, fell upon Alma G. Segers in the course of her flight and she was severely burned. Minor burns were also inflicted upon Mrs. Williams as she attempted to make her escape. A number of fires were started by the explosion. All Air Force personnel in charge of the airplane were killed in the accident. The evidence shows that the airplane was stationed at McDill Field, which is a large Air Force Base located near Tampa, Florida, from whence it had flown that morning.

The issues in these cases were framed prior to the decision of the Supreme Court in Dalehite v. United States, 346 U.S. 15, 73 S.Ct. 956. In the trial of these cases plaintiffs were unable to prove any "negligent or wrongful act or omission" of any employee of defendant and rested their cases upon the doctrine of res ipsa loquitur, citing numerous cases in support of this position. The doctrine of res ipsa loquitur is applicable in tort cases in Florida and if these are the type of cases, under the Tort Claims Act where it may be invoked, it is applicable and controlling here. American District Electric Protective Co. v. Seaboard Air Lines Ry. Co., 129 Fla. 518, 177 So. 294; Coaster Amusement Co. v. Smith, 141 Fla. 845, 194 So. 336 and Yarbrough v. Ball U-Drive System, Inc., Fla., 48 So.2d 82.

At the conclusion of the evidence submitted by plaintiffs defendant offered no testimony and through its counsel stated:

"May it please the court, I am instructed to inform the court that because the national security may be imperiled were they called to testify in this case, no witnesses will be called upon to testify in either of these cases."

Following this announcement counsel for defendant filed a motion for the entry of a judgment in each of the above cases in favor of the defendant and against plaintiffs, enumerating therein several grounds in support of the motion. The first question raised by this motion is whether, as a matter of law, upon the evidence submitted, the court has jurisdiction in these cases under the Tort Claims Act.

In considering whether the Tort Claims Act is applicable to cases of this character it is necessary to keep in mind the jurisprudential principles that no action lies against the United States unless the Congress has authorized it. Section 2680 contains twelve Exceptions where the Act shall not apply. One of them is as follows:

"(j) Any claim arising out of the combatant activities of the military or naval forces, or the Coast Guard, during time of war."

Despite the semi-war activities that exist in the world today in which this nation is participating this Exception obviously is not applicable in these cases. However, it does point up the possibility of cases of similar nature and of the gravest consequences arising where the court would not have jurisdiction. Exception (a) of Section 2680 is the one that was applied in the Dalehite case It provides as follows:

"(a) Any claim based upon an act or omission of an

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