Legal Opinion

Lakomy v. United States

Court of Appeals for the Fifth Circuit

Decided July 11, 2003No. 02-10439PublishedCited by 2 opinions

1Opinion of the Court

PER CURIAM.**

Plaintiffs-Appellees were flight attendants who sustained injuries when the pilots of their aircraft took evasive measures to avoid what the pilots perceived to be an imminent mid-air collision. After a bench trial, the district court entered judgment in favor of the flight attendants, concluding that air traffic controllers’ negligence caused appellees’ injuries and that the United States is liable for their negligence under the Federal Tort Claims Act (“FTCA”). See 28 U.S.C. §§ 1346(b), 2671-2680. Because we find that appellees presented insufficient evidence to conclude that…

2Cases cited15 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. United States v. GaubertSupreme Court of the United States · 1991
  3. Berkovitz v. United StatesSupreme Court of the United States · 1988
  4. United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
  5. Greater Houston Transportation Co. v. PhillipsTexas Supreme Court · 1991

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3Cited by2 opinions

  1. Villafranca v. United StatesCourt of Appeals for the Fifth Circuit · 2009
  2. Villafranca v. United StatesCourt of Appeals for the Fifth Circuit · 2009

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