United States v. Alice L. English

This is an appeal from a decision of the district court finding the United States liable under the Federal Torts Claims Act, 28 U.S.C. § 2674 , for the wrongful death of plaintiffs’ decedent, and assessing damages in the amount of $128,174.88. The jurisdiction of the district court is predicated on the Federal Torts Claims Act, 28 U.S.C. § 1346 (b), which provides:

The accident in question having occurred in California, the law of that state is applicable to these proceedings.

1. The Accident

Alva English, a 63-year-old electrical contractor, and the sole proprietor of English Electrical Co., successfully bid for and won a contract with the United States to repair the electrical lighting system in Building 132 at the Long Beach Naval Shipyard. The contract was entered into on July 13, 1970, and work commenced on July 29, 1970.

Building 132 is divided into two areas: the east bay, and the west bay. Each bay has its own independent set of bridge cranes which run on rails extending north-south for the entire length of the building and which are elevated about 40 feet above the ground. The bridge cranes in the east bay are supported by two rails, one located at the east…