Steering Committee v. United States of America, and Aeromexico

The United States appeals the district court’s apportionment of liability among the parties involved in a 1986 midair collision between an Aeromexico jetliner and a single-engine Piper aircraft over Cerritos, California. The government argues that the district court erred by failing to apply Cal.Evid.Code § 669(a) and by improperly articulating the standard of vigilance for pilots under 14 C.F.R. § 91.67 (a). The government also claims that the district court clearly erred in finding the Aeromexico pilots vigilant in their professional duties. We hold that the district court properly applied Cal.Evid.Code § 669(a) and correctly articulated the standard of care for pilots to see and avoid other aircraft. We also hold that the district court did not clearly err in finding that the Aero-mexieo pilots committed no negligent act that proximately caused this disaster. We therefore affirm.

BACKGROUND

On August 31, 1986, an Aeromexico DC-9 jet, operating as Aeromexico Flight 498, collided with a single-engine Piper aircraft operated by William F. Kramer. The midair collision occurred at approximately 11:52 a.m. Pacific Daylight Time while the Aeromexico jet was receiving air traffic…