Joan M. Spaulding v. United States of America

Joan M. Spaulding, as administratrix of the estate of Jack E. Spaulding, and Curtis L. Guss, as administrator of the estate of John B. Miehelmore sued the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 (b) and 2671 et seq., for the alleged negligence of certain United States employees. They appeal a District Court judgment for the United States. We affirm.

Dorman D. Miehelmore (the pilot) owned a twin-engine Beechcraft airplane, which he flew to Houston, Texas, en route to the Sebring Auto Race in Florida. With him were his son, John B. Miehelmore, and Jack E. Spaulding, neither of whom were licensed pilots. The pilot held a private license certificate, but was limited to flying under visual flight conditions. The Michelmore party returned to Houston from Sebring by commercial airplane, and the pilot filed a FVFR flight plan according to visual flight rules, destination El Paso, Texas, at 10:20 a. m. on March 29, 1965. The flight plan was accepted without comment by the Houston Flight Service Station, and the pilot was given the latest available weather information. He was told that Houston weather was adequate for a VFR departure, but that low ceilings and…