Legal Opinion

Lucia De J. D'aleman, Administratrix, Etc. v. Pan American World Airways, Inc.

Court of Appeals for the Second Circuit

Decided October 2, 1958No. 25008_1PublishedCited by 26 opinions

1Opinion of the Court

MOORE, Circuit Judge.

Plaintiff, as administratrix of the estate of her deceased husband, Aurelio D’Aleman, has asserted two claims for wrongful death against defendant, Pan American World Airways, Inc. The first cause of action alleged, in substance, that death “was occasioned by the negligence of the defendant * * * and the un-airworthiness of the aircraft involved.” The second cause of action was based upon an alleged failure “to provide adequate medical care and attention to the deceased” (Amended complaint, pars. Seventh, Twelfth, as further amended on the trial).

The events giving rise to…

2Cases cited5 opinions

  1. Ruth M. Noel and Wm. H. Frantz, Executors of the Estate of Marshal L. Noel, Deceased v. Linea Aeropostal VenezolanaCourt of Appeals for the Second Circuit · 1957
  2. Wallace Higa, Administrator of the Estate of Takeichi Higa, Deceased v. Transocean Airlines, a CorporationCourt of Appeals for the Ninth Circuit · 1956
  3. Wyman v. Pan American Airways, Inc.New York Supreme Court · 1943
  4. Wyman v. Pan American Airways, Inc.New York Court of Appeals · 1944
  5. Noel v. Linea Aeropostal VenezolanaDistrict Court, S.D. New York · 1956

3Cited by26 opinions

  1. Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
  2. Shirley J. Lindsay, of the Estate of John Douglas Lindsay, Deceased v. McDonnell Douglas Aircraft Corporation, a CorporationCourt of Appeals for the Eighth Circuit · 1972
  3. Fitzgerald v. A. L. Burbank & Co.Court of Appeals for the Second Circuit · 1971
  4. Weinstein v. Eastern Airlines, Inc.Court of Appeals for the Third Circuit · 1963
  5. Dugas v. National Aircraft Corp.Court of Appeals for the Third Circuit · 1971

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