Bernard Chanon, Administrator and Personal Representative of the Estates of William Lewis Carter and Marvin Leroy Hull v. United States

Fifth Circuit

Bernard Chanon, Administrator and Personal Representative of the Estates of William Lewis Carter and Marvin Leroy Hull v. United States

480 F.2d 1227, 1973 U.S. App. LEXIS 9004

Court of Appeals for the Fifth Circuit·Decided July 2, 1973·No. 73-1505·Published·Cited by 1 cases

Opinion

PER CURIAM:

This suit was brought by the administrator of the estates of two men who died when their shrimp vessel was lost in a fierce storm which struck the Galveston area in 1969. The cause of action was predicated on the failure of the United States Government, through its various agencies, to disseminate, for broadcast, weather information.

Although the Government asserts that liability to individuals is precluded because the activity of the weather service in forecasting and disseminating weather information involves a duty running only to the public generally, and alternatively because the claims are based on negligent misrepresentation expressly barred by the Federal Tort Claims Act, 28 U.S.C.A. § 2680(h), we find it unnecessary to address those legal defenses.

The judgment for the Government must be affirmed because the District Court was not clearly erroneous in finding as a matter of fact that no Government employee was guilty of any negligent act or omission, and that the activity of the Government did not constitute a proximate cause of the accident.

Affirmed.

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PER CURIAM:

This suit was brought by the administrator of the estates of two men who died when their shrimp vessel was lost in a fierce storm which struck the Galveston area in 1969. The cause of action was predicated on the failure of the United States Government, through its various agencies, to disseminate, for broadcast, weather information.

Although the Government asserts that liability to individuals is precluded because the activity of the weather service in forecasting and disseminating weather information involves a duty running only to the public generally, and alternatively because the claims are based on negligent misrepresentation expressly barred by the Federal Tort Claims Act, 28 U.S.C.A. § 2680(h), we find it unnecessary to address those legal defenses.

The judgment for the Government must be affirmed because the District Court was not clearly erroneous in finding as a matter of fact that no Government employee was guilty of any negligent act or omission, and that the activity of the Government did not constitute a proximate cause of the accident.

Affirmed.

Bernard Chanon, Administrator and Personal Representative of the Estates of William Lewis Carter and Marvin Leroy Hull v. United States, 480 F.2d 1227, 1973 U.S. App. LEXIS 9004 (5th Cir. 1973).

Pincite

480 F.2d 1227 (Bernard Chanon, Administrator and Personal Representative of the Estates of William Lewis Carter and Marvin Leroy Hull v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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