Cheryl Mattschei, Cross-Appellants v. United States of America, Cross-Appellee v. Career Aviation Academy, Third Party

KENNEDY, Circuit Judge:

Plaintiffs’ decedent Robert Mattschei, pilot of a Cessna in communication with traffic controller Terry Conroy, died following a midair collision with a Cherokee piloted by Richard Mahon. The two pilots were approaching Hayward, California, Airport for landing, but they were in touch with different traffic controllers on separate radio channels. Plaintiffs sued the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674 for wrongful death. 1 Plaintiffs also named Mahon and his employer as defendants on the theory of pendent jurisdiction, but that suit…