Jeanne T. Vesey, Individually and as Administratrix of the Estate of Howard Wade Vesey, and as Guardian for Wade Tillery Vesey v. United States

Howard Vesey was killed on October 3, 1969 in the crash of Metro Commuter Airlines Flight 201 during an attempted landing at Denver’s Stapleton Airport. Following the fatal crash, Jeanne T. Vesey filed federal tort claims on her own behalf; as administratrix of Howard Vesey’s estate; and as guardian for her minor son, Wade Tillery Vesey. She also filed claims in state court against Metro Airlines but the Metro claims were settled upon payment of $95,000.

A trial on liability only was completed in 1973. In that phase of the litigation the claims of the pilot, the co-pilot and the passengers in Metro 201 were joined in a multidistrict case against the United States and Beechcraft Corporation. The United States denied negligence and by way of a third party complaint against Metro Airlines and its officers claimed the proximate cause of the crash was negligent operation of the aircraft. However, the trial judge in his decision found the United States liable for negligence on the part of its air traffic controllers and dismissed the third party complaint finding no negligence on Metro’s part.

The damage claims of Jeanne Vesey came on for trial before the United States District Court…