Legal Opinion

Laurence F. Kelly, as Administrator of the Estate of Richard C. Kelly v. United States

Court of Appeals for the Second Circuit

Decided March 8, 1976No. 268, Docket 75-6043PublishedCited by 61 opinions

1Opinion of the Court

COFFRIN, District Judge:

This case arises from the drowning death of Richard C. Kelly on September 4, 1970 near Sodus Point, New York, on Lake Ontario following the capsize of a 19-foot sailboat on which Mr. Kelly and three companions had embarked for a pleasure trip. The plaintiff, decedent’s administrator, contends that the United States Coast Guard was negligent in failing to rescue Mr. Kelly and in causing other would-be rescuers not to come to his aid.

Plaintiff filed a claim for settlement with the Coast Guard on August 31, 1972, as provided by 28 U.S.C. § 2672, the administrative…

2Cases cited20 opinions

  1. Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
  2. The PlymouthSupreme Court of the United States · 1866
  3. Coryell v. PhippsSupreme Court of the United States · 1943
  4. Burns v. AlcalaSupreme Court of the United States · 1975
  5. Garland Wayne Kelly and Allen Eugene Kelly, Sr. v. J. C. Smith and Chicot Land Company, Inc.Court of Appeals for the Fifth Circuit · 1973

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3Cited by61 opinions

  1. Sisson v. RubySupreme Court of the United States · 1990
  2. Carrie A. McMellon Lori Dawn White Kathy D. Templeton Cheri Call v. United States of America United States Army Corps of EngineersCourt of Appeals for the Fourth Circuit · 2004
  3. Keene Corporation v. United StatesCourt of Appeals for the Second Circuit · 1983
  4. James E. McCormick and Carol Ann McCormick Etc. v. United StatesCourt of Appeals for the Fifth Circuit · 1982
  5. Linda Chapman, and Cross-Appellant v. United States of America, and Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1978

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