Legal Opinion

Swanson v. United States

District Court, S.D. New York

Decided July 21, 1977No. 74 Civ. 4692 (JMC)PublishedCited by 6 opinions

1Opinion of the Court

OPINION

CANNELLA, District Judge.

Judgment is granted for the defendant after a bench trial on the sole issue of liability.

Plaintiffs brought this action pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346 et seq., to recover for personal injuries suffered in an airplane crash allegedly caused by defendant’s negligence. 1 Because the Court finds that plaintiffs have not proved the Government’s negligence by a preponderance of the credible evidence, the complaint is dismissed.

THE FACTS

On the morning of January 28, 1973 plaintiffs Hardy Lee Swanson and James A. Alsing took off in a Piper…

2Cases cited8 opinions

  1. Richards v. United StatesSupreme Court of the United States · 1962
  2. Noseworthy v. City of New YorkNew York Court of Appeals · 1948
  3. Joan M. Spaulding v. United States of AmericaCourt of Appeals for the Ninth Circuit · 1972
  4. Jill Mary Kohr, of the Estate of Robert H. Kohr, Deceased v. Allegheny Airlines, Inc., and United States of America v. Forth Corporation, Third-PartyCourt of Appeals for the Third Circuit · 1974
  5. McCay v. Philadelphia Electric Co.Supreme Court of Pennsylvania · 1972

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Associated Aviation Underwriters v. United StatesDistrict Court, N.D. Texas · 1979
  2. Southern Pacific Transportation Co. v. United StatesDistrict Court, E.D. California · 1978
  3. Davis v. United StatesDistrict Court, N.D. Illinois · 1986
  4. United States v. PreslarDistrict Court, N.D. New York · 1985
  5. In Re Air Crash Disaster at John F. Kennedy International Airport on June 24, 1975Court of Appeals for the Second Circuit · 1980

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