United States v. Edward C. Becker, Administrator of the Estate of Ernest J. Becker, Deceased

The personal representative of Ernest J. Becker, deceased, brought this action against the United States under the Federal Tort Claims Act (Act), 28 U.S.C. §§ 1346 (b) and 2671 et seq. (1964), to recover damages for the wrongful death of Becker. Becker was killed while riding as a passenger in an airplane being used on a forest fire reconnaissance flight for the Forest Service of the United States Department of Agriculture. The airplane crashed while making low-altitude passes over a small fire in the Apache National Forest near Springer-ville, Arizona.

Plaintiff sought damages in the sum of $750,000. After a non-jury trial, the district court entered judgment for plaintiff in the sum of $322,995, plus costs. The United States appeals.

On or about June 5, 1962, the Forest Service entered into an agreement entitled “Survey of Aircraft Availability," .with an airplane pilot named Robert Mcllrath. Pursuant to that agreement, Mcllrath made available to the Forest Service his Cessna 180 aircraft at the Springerville airport, and his services as pilot of that aircraft. During the succeeding twenty days, Mcllrath made a number of flights at the request of the Forest Service for which…