Jacque Bunting, as Personal Representative of the Estate of Harold Dierich v. United States

Jacque Bunting, as personal representative of the Estate of Harold Dierich, appeals from a judgment for the defendant, United States of America, in a wrongful death and medical malpractice action filed under the Federal Tort Claims Act, 28 U.S.C. § 2671 , et seq. (the “FTCA”). The estate makes three arguments: (1) that the district court erred in concluding that Alaska’s Good Samaritan statute, A.S. 09.65.-090, shields the United States from liability due to negligence; (2) that the district court erred in concluding that the care provided by Dr. Garrett Duckworth, the Coast Guard physician who treated Harold Die-rich, was not grossly negligent; (3) that the district court erred in failing to conclude that Dr. Garrett Duckworth's acts and omissions were a proximate cause of the death of Harold Dierich. We affirm the judgment of the district court. BACKGROUND

On July 21, 1984, Harold Dierich was piloting an airplane on a commercial flight. He departed Kodiak State Airport at approximately 9:00 a.m. and crashed in the waters of the Ouzinski Narrows a few minutes later. He was spotted in the 40° waters by a private fishing craft. At about 10:30 a.m., the fishing craft’s radio…