Beech Aircraft Corp. v. United States

Good Law
51 F.3d 834·1995 WL 129123
United States Court of Appeals for the Ninth CircuitMarch 28, 1995Nos. 93-16986, 93-17106 and 93-17108California4,774 words

Opinion

Lead Opinion

Beech Aircraft Corporation (“Beech”) and other Plaintiffs 1 (collectively “Plaintiffs”) appeal the district court’s judgment in favor of the Defendant in Plaintiffs’ action under the Federal Tort Claims Act, 28 U.S.C. §§ 2671 , et seq. (“FTCA”), seeking indemnity from the United States for monies they paid in settlement for alleged air traffic controller negligence, arising from injuries and damages sustained when a Beech Aircraft crashed into Sun Valley Mall in Concord, California. Plaintiffs also appeal the trial court’s decision to exclude certain evidence and testimony.

I.

On December 23, 1985, shortly after 8:30 p.m., a twin-engine Beecheraft Baron airplane (“Baron”) crashed into the Sun Valley Mall in Concord, California. The Baron was piloted by James Graham. At the time of the accident, Graham had just completed a flight from San Luis Obispo to Concord and was attempting to land the Baron at Concord’s Buchanan Field. Graham ran a local “fixed base operation” at Buchanan Field. The litigation that is the subject of this appeal arises out of the accident and the alleged negligence of the air traffic controllers in handling the attempted landing.

On approach to the Concord…

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