United States of America and Baker Aircraft Sales v. Betty K. Furumizo, Betty K. Furumizo v. United States of America and Baker Aircraft Sales

The United States and Baker Aircraft Sales, Inc. (Baker), appeal from a judgment rendered against them; Mrs. Furumizo cross-appeals, claiming that the damages awarded are inadequate. The decision of the trial court is reported at D.C., 245 F.Supp. 981 . It sets out the facts, most of which are not disputed, at length. In this opinion, we do not restate them, but refer to the findings of the trial court by the numbered paragraphs of its decision.

The United States was held liable under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 (b), 2671 et seq. Baker was sued and held liable under diversity jurisdiction, 28 U.S.C. § 1332 . The action arises from the death of appellee Betty K. Furumizo’s husband in an airplane accident that occurred at Honolulu International Airport. We consider the appeals separately.

I. The Appeal of the United, States

a. The claim that the negligence of Baker’s flying instructor was the sole proximate cause of the accident.

This argument is in the alternative, the United States claiming that the negligence of Shima, the flying instructor, either superseded that of the United States’ air controllers or was the sole proximate cause of the accident. We do…