Nakajima v. United States

DYER, Senior Circuit Judge:

This is a wrongful death case against the United States, brought pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq. The complaint alleged negligence of the FAA air traffic controller on duty at the Opa Locka airport at the time a Cessna 152 airplane collided in a mid-air crash with a Bell 47G helicopter. The district court found the United States to- be 70% at fault and Keiji Nakaji-ma, the helicopter pilot, to be 30% at fault. 759 F.Supp. 1573. The award in favor of the Estate of Keiji Nakajima was reduced based on the district court’s…