Estrada v. Aeronaves De Mexico, SA.

967 F.2d 1421, 1992 WL 145102
CourtCourt of Appeals for the Ninth Circuit
DecidedJune 30, 1992
DocketNo. 91-55464
StatusPublished
Cited by2 cases

This text of 967 F.2d 1421 (Estrada v. Aeronaves De Mexico, SA.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estrada v. Aeronaves De Mexico, SA., 967 F.2d 1421, 1992 WL 145102 (9th Cir. 1992).

Opinion

HUG, Circuit Judge:

In this case against the United States under the Federal Tort Claims Act, we are required to decide whether, in applying California law, the award to Theresa Estrada of damages for negligent infliction of emotional distress can be sustained. An Aero-mexico airliner crashed into the Estrada home causing the home to be engulfed in flames; Theresa Estrada’s husband and two children perished in the home. She did not witness the plane crash into her home, in which she had just left her family, but returned minutes later to witness the home consumed in flames. We hold that recovery is appropriate because Estrada was present at the scene of the fire and was aware that the fire was injuring her family. We affirm the judgment.

I.

The district court had jurisdiction under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-2680. We have appellate jurisdiction under 28 U.S.C. § 1291. The crash occurred in California and all of the actions upon which liability is based against the United States took place in California; thus, California tort law applies in determining that liability, 28 U.S.C. § 1346(b). We review the district court’s findings of fact for clear error, United States v. McConney, 728 F.2d 1195, 1201 (9th Cir.) (en banc), cert, denied, 469 U.S. 824, 105 S.Ct. 101, 83 L.Ed.2d 46 (1984), and review the district court’s application of California law to the facts de novo. In Re McLinn, 739 F.2d 1395, 1400 (9th Cir.1984) (en banc).

II.

On the morning of August 31, 1986, Theresa Estrada left her home to buy some ham and other breakfast food at a nearby grocery store. When Estrada left for the store, her husband, Frank Estrada, was in his pajamas reading the newspaper in the living room. Three of the Estradas’ children, Alex, Javier, and Anjelica, were still in bed.

Returning from the store, Estrada saw, heard, and felt a big explosion. Although Estrada did not know it at the time, an [1423]*1423Aeromexico passenger airliner had just crashed into her home after colliding with a privately owned plane flown by William Kramer. Within minutes, Estrada had maneuvered her way through the debris and had arrived at her home to find it engulfed in flames. She was surrounded by burning homes, cars, and debris.

Estrada brought this action against the United States, Aeromexico, and the Kramer Estate for wrongful death of the Estrada family and for negligent infliction of emotional distress on Theresa Estrada. The district court held that Aeromexico was not responsible for the accident, and that William Kramer and the United States were each fifty percent responsible for the damages. The United States’ responsibility was due to the air traffic controllers’ failure to detect the private aircraft’s intrusion into restricted airspace as well as their failure to give a traffic advisory to the Aeromexico flight.

In a separate trial on damages, the district court awarded the Estrada family a total of $868,263 in economic damages and $4.7 million in non-economic damages, including $1 million for the negligent infliction of emotional distress suffered by Theresa Estrada. Having been found only fifty percent responsible for the damages, the United States is liable for only fifty percent of the non-economic damages because California limits a defendant’s tort liability to several liability for non-economic damages. See Cal.Civil Code § 1431.2(a) (West 1982 & Supp.1992). The United States appeals only the award of the $500,-000 damages against the United States for negligent infliction of emotional distress.

III.

In Thing v. La Chusa, 48 Cal.3d 644, 257 Cal.Rptr. 865, 771 P.2d 814 (1989), the California Supreme Court modified the law regarding negligent infliction of emotional distress. The court recognized that “[c]lose relatives suffer serious, even debilitating, emotional reactions to the injury, death, serious illness, and evident suffering of loved ones. These reactions occur regardless of the cause of the loved one’s illness, injury, or death.” Id. 257 Cal.Rptr. at 880, 771 P.2d at 829. Therefore, the court concluded, “it is appropriate to restrict recovery to those persons who will suffer an emotional impact beyond the impact that can be anticipated whenever one learns that a relative is injured, or dies.... ” Id. Determining that prior cases had created uncertainty and permitted liability out of proportion to culpability for negligent acts, Thing established new guidelines for determining when a plaintiff may recover for the negligent infliction of emotional distress arising from injury to another. The court concluded that

[A] plaintiff may recover damages for emotional distress caused by observing the negligently inflicted injury of a third person if, but only if, said plaintiff: (1) is closely related to the injury victim; (2) is present at the scene of the injury producing event at the time it occurs and is then aware that it is causing injury to the victim; and (3) as a result suffers serious emotional distress — a reaction beyond that which would be anticipated in a disinterested witness and which is not an abnormal response to the circumstances.

Id. at 880-81, 771 P.2d at 829-30 (footnotes omitted).

Estrada clearly satisfies the first and third requirements. The second requirement is the one at issue here. The district court concluded that Estrada was at the scene of the injury-producing event and found that she was aware that her family was being injured. The Government argues that Estrada was neither present at the scene of the injury-producing event nor aware that it was causing injury to her family. Therefore, the Government contends, Estrada is not entitled to a judgment for negligent infliction of emotional distress.

In Thing, the court held that the plaintiff could not recover damages for negligent infliction of emotional distress under the [1424]*1424fact situation presented in that case. Id. at 881, 771 P.2d at 830. The plaintiff mother’s son was injured when the defendant’s car struck him. Although the mother was nearby, she did not see or hear the accident. She was not aware of her son’s injury until her daughter told her that he had been hit by a ear. Id. at 866, 771 P.2d at 815.

The Thing court criticized dicta from Krouse v. Graham, 19 Cal.3d 59, 137 Cal. Rptr. 863, 562 P.2d 1022 (1977), that concluded that persons who were not present at the accident scene could recover damages for the emotional distress they suffered when they were told of the injury or when they later arrived at the scene. Thing, 257 Cal.Rptr. at 872, 771 P.2d at 821.

In Krouse, the plaintiff did not see his wife get hit by the defendant’s car.

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