Cockrell

FINDINGS OF FACT AND CONCLUSIONS OF LAW

I. INTRODUCTION

This ease arises out of a mid-air collision between two aircraft approaching Ramona Airport, in San Diego County, California, on June 21, 1995. Both aircraft were returning to Ramona after being released from fire suppression activities over the “Butterfield fire.”

Gary Cockrell, Lisa Netsch and Michael Smith were killed as a result of the accident. Gary Cockrell and Lisa Netsch, employed by Aero Union Corporation, were the pilot and co-pilot of the DC-4 air tanker aircraft, known as “Tanker 19”. Michael Smith, also killed, was a United States Forest Service lead plane phot of the twin-engine Beech Baron, known as “Lead 5-6”.

Plaintiffs Peggy Cockrell and the Estate of Gary Cockrell, and Plaintiffs Newell Netsch, Elizabeth Netsch, and the Estate of Lisa Netsch, filed wrongful death ac tions under the Federal Tort Claims Act, 28 U.S.C. § 1346 (b), against Defendant United States of America, the United States Forest Service and Michael Smith. The cases were filed separately in the United States District Court for the Central District of California. Pursuant to the Federal Employees Liability Reform and Tort Compensation…