W. Hobart Pierce, Individually and as Administrator of the Estate of Richard L. Pierce, Deceased v. United States

LIVELY, Circuit Judge.

These consolidated actions were brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 (1976). The plaintiffs-appellants are the personal representatives of the pilot and passengers who were killed in the crash of a private airplane. Following a bench trial, the district court found that the plaintiffs had failed to carry their burden of proof and entered a judgment for the defendant in each of the actions.

I

The pilot of the ill-fated plane was Richard Pierce who had a private license which required that he fly only under visual flight rules (VFR). VFR…