In Re Air Crash Disaster Near Cerritos, California, August 31
Opinion
Opinion
973 F.2d 1490 In re AIR CRASH DISASTER NEAR CERRITOS, CALIFORNIA, AUGUST 31, 1986. Joan L. DI COSTA; Gilbert Di Costa, Plaintiffs-Appellants, v. AERONAVES DE MEXICO, S.A., dba: Aeromexico; Daniel W. O'Connell; John P. Kramer, as personal representatives for the Estate of William Kenneth Kramer, deceased; Roland Paul Furman, et al; United States of America, Defendants-Appellees. No. 90-55224. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 5, 1991. Decided Sept. 1, 1992. Ronald L.M. Goldman, Goldman & Stone, Marina Del Rey, Cal., for plaintiffs-appellants. Marianne Finnerty, U.S. Dept. of Justice, Washington, D.C., for defendants-appellees. Appeal from the United States District Court for the Central District of California. Before PREGERSON, CANBY and RYMER, Circuit Judges. CANBY, Circuit Judge: 1 Joan and Gilbert DiCosta appeal the district court's dismissal of their claims for negligent infliction of emotional distress under the Federal Tort Claims Act ("Act"), 28 U.S.C. § 2674 . We reverse. BACKGROUND 2 The DiCostas' complaint alleges that they were in their home on August 31, 1986 when two airplanes collided in mid-air and crashed to the ground…