Usair Inc., Successor by Merger to Pacific Southwest Airlines v. United States Department of the Navy

A Navy employee’s briefcase fell from an airplane’s overhead storage compartment when a flight attendant opened it, hitting a passenger on the head. The passenger sued USAir in state court and recovered. USAir now • appeals from a district court decision denying it indemnity and/or contribution under the Federal Tort Claims Act against the United States Department of the Navy.

FACTS AND PROCEDURAL BACKGROUND

On October 26,1984, in San Diego, California, Stephen Zodrow, a civilian employee of the Department of the Navy, boarded Pacific Southwest Airlines (“PSA”) Flight 535 to San Francisco. Zodrow’s travel was within the scope of his Navy employment. He was one of the last passengers to board, with three carry-on items. He put two of them in an overhead compartment, wrapping a garment bag around his briefcase. He stated that the briefcase “probably was unstable” when he closed the overhead bin door. No flight attendant helped Zodrow stow his baggage.

Prior to takeoff, a PSA flight attendant walked down the aisle, looking for a bin with space to stow a bag. She opened the bin containing Zodrow’s items, using one hand. His briefcase fell out, hitting passenger Na-tan Huffman on…