Charland v. United States

615 F.2d 508 Patricia CHARLAND, Administratrix of the Estate of Michael Tobias, Deceased, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee, and Pace Company; Ambac Industries, Inc., a corporation; and Celesco Industries, Inc., a corporation, Defendants. No. 78-2259. United States Court of Appeals, Ninth Circuit. March 18, 1980. John D. Cairns, Kirtland, Darby & Hager, Pasadena, Cal., for plaintiff-appellant. Robert G. Frame, Atty., U. S. Dept. of Justice, San Francisco, Cal., for defendant-appellee. Appeal from the United States District Court for the Central District of California. Before KENNEDY and FLETCHER, Circuit Judges, and HANSON, * District Judge. FLETCHER, Circuit Judge: 1 Appellant Patricia Charland brought a wrongful death action in admiralty against the United States for the death of her son, Michael Edward Tobias, a seaman in the United States Navy who was killed while on leave, voluntarily participating in Navy training exercises. Jurisdiction was premised on the Public Vessels Act, 46 U.S.C. §§ 781-90 (1976), incorporating by reference the Suits in Admiralty Act, 46 U.S.C. §§ 741-52 (1976). The district court, relying on…