Cockrell

MEMORANDUM AND DECISION

I. INTRODUCTION

The separate affirmative defense of special employer immunity of the United States Government (“Government”) was bifurcated for separate trial. After a bench trial, and upon review of the trial testimony and exhibits, and of both Plaintiffs’ and Defendant’s post-trial briefs, the Court decides that the Government was not, at all times material, the special employer of Plaintiffs’ Decedents, Gary Cock-rell and Lisa Netsch.

II. STATEMENT OF THE CASE

This wrongful death action was brought by Plaintiffs Peggy Cockrell, the Estate of Gary Cockrell, Newell Netsch, Elizabeth Netsch, and the Estate of Lisa Netsch, against the Government under the Federal Tort Claims Act, 28 U.S.C. § 1346 (b). The case arises from the June 21, 1995 mid-air collision between a DC-4 aircraft (“Tanker 19”) and a Government Forest Service (“USFS”) Beech 58P aircraft (“Lead 26”) on approach to the Ramona, California airport. Both planes were returning from aerial fire suppression activities in connection with a local fire on federal land referred to as the Butterfield fire. Gary Cockrell and Lisa Netsch (“Decedents”), the pilot and co-pilot, respectively, of Tanker…