Van Fossen v. United States

MEMORANDUM OF OPINION

This suit is an action for wrongful death brought under the Federal Tort Claims Act (“Tort Claims Act”). It is alleged by plaintiffs that decedent, their daughter Jen A. Van Fossen, was a cabin attendant aboard Trans World Airlines Flight 514 which crashed in the vicinity of Berryville, Virginia, on December 1, 1974. It is further alleged that the crash was caused by the negligence of employees of the Federal Aviation Administration (“FAA”), who were acting within the scope of their employment for defendant United States. Damages in the sum of $500,000 were sought. Plaintiffs, James I. Van Fossen and Jane M. Van Fossen, as parents of the deceased, initiate this action for themselves individually and on behalf of John F. Van Fossen, brother of the deceased, subsequent to FAA’s denial of their administrative claim on June 8, 1976. See Plaintiff’s Exhibit B.

Since the 1966 amendment to 28 U.S.C. § 2675 (a) of the Tort Claims Act, any person having a damage claim against the United States must first present that claim to the appropriate Federal agency and await a final denial before instituting a court proceeding. The administrative claim must be presented…