National Indemnity Co. v. United States

FINDINGS OF FACT AND CONCLUSIONS OF LAW ON DAMAGE ISSUES

On March 22, 1977, the court made its findings of fact and conclusions of law in these consolidated cases on the issue of liability. The court concluded that Aardema, pilot of the Piper; Duval and Rudelson, instructor and student pilots of the Cessna 003; and Federal Aviation Administration (FAA) personnel were all negligent, and that the negligence of each was a proximate cause of the Piper/Cessna mid-air collision in the skies over Santa Monica, California on September 9,1971. Applying California’s doctrine of comparative negligence, the court then assigned a specific percentage factor to the degree of negligence attributable to each party as follows:

On May 17, 18, 19, 20, and 25, 1977, the court tried the damage issues arising out of these three consolidated cases. Those issues included National Indemnity’s asserted subrogation claims against the United States. Finding of Fact 11, made on March 22, 1977, refers to National Indemnity’s subrogation claim. That finding states:

At trial, National Indemnity was represented by Joyce R. Lanza of the Arthur Wasserman law firm, and the United States was represented by James…