Rhoades

Rhoades v. United States

Good Law
216 F. Supp. 732·1962 U.S. Dist. LEXIS 3091
United States District Court, Southern District of CaliforniaNovember 20, 196229-59, 369-59California972 words

Opinion

Opinion

Hall, J.

The two above-entitled cases are among those consolidated for trial on the question of liability with Wiener v. United Air Lines and United States of America, D.C., 216 F.Supp. 701 , No. 469-58.

In the Wiener case, the United States and the United Air Lines filed Cross-claims against each other. In the Pretrial Order in the Wiener case, No. 469-58-PH, it was stipulated, with the approval of the Court, that the Cross-claims filed by each of the parties in that case and their respective answers thereto should be deemed to be the respective Cross-claims and answers in all of the other eases, including the above two.

The matter is before the Court on the motion of the United States to dismiss the Cross-claim of United Air Lines against the United States for lack of jurisdiction.

In the Parsons case, No. 369-59-PH, the jury rendered its verdict against United Air Lines in the amount of $142,-232.27. In the Rhoades case, counsel for plaintiffs and counsel for defendant United Air Lines entered into a stipulation fixing the amount of damages against United Air Lines to be in the sum of $45,000.00, preserving, however, the right of United Air Lines to assert whatever lawful claim it…

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