Florence Wattles Hartz, Plaintiffs-Appellants-Cross-Appellees v. United States of Amrica, Defendant-Appellee-Cross-Appellant

TUTTLE, Circuit Judge:

This is the second appearance of this federal tort claim case here. In our first decision, 5 Cir., 1968, 387 F.2d 870, we reversed the judgment of the trial court dismissing the suit because of that court’s finding that the sole proximate cause of appellant-decedent’s death was his negligence in taking off from the Atlanta airport shortly behind a large jet aircraft whose wing tip vortex, as agreed by all parties, caused his small plane to crash. In the crash William B. Hartz and his passenger, Harold S. Roth, were killed.

The reversal of the first judgment was based on…