Wien Alaska Airlines, Inc. v. United States

The issue of law involved in this appeal is whether Section 7(b) of the Federal Employees’ Compensation Act [ 5 U.S.C. § 757 (b)], bars a third-party claim for non-contractual indemnity in an action where plaintiff is an F.E.C.A. beneficiary.

The facts are not in dispute. One Backlund, an employee of the Federal Aviation Agency, while in performance of his duties, was killed when an aircraft owned and operated by appellant and in which Backlund was a passenger, crashed. Backlund’s widow, suing as administra- trix of his estate on behalf of herself and the surviving children, brought a wrongful death action in the state court in the State of Alaska, alleging Backlund’s death was due to appellant’s negligent operation, maintenance and control of the aircraft.

Appellant impleaded the Federal Aviation Agency employee, one Narcisso, who had been on duty on the day of the crash. The third party complaint alleged that the crash had been caused, by Narcisso’s negligent performance of his duties as an Air Traffic Control Specialist, and sought full indemnity in the event Wien was held liable to the administratrix of Backlund’s estate. Appellant asked for full indemnity from Narcisso in…