Willie Sheeks Bandy v. United States

Sixth Circuit

Willie Sheeks Bandy v. United States

628 F.2d 935, 1980 U.S. App. LEXIS 16308

CourtCourt of Appeals for the Sixth Circuit

DecidedJune 25, 1980

Docket78-1378

StatusPublished

Cited by1 cases

This text of 628 F.2d 935 (Willie Sheeks Bandy v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Willie Sheeks Bandy v. United States, 628 F.2d 935, 1980 U.S. App. LEXIS 16308 (6th Cir. 1980).

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Opinion

ORDER

Appellant appeals from judgment for the United States in her suit brought under the Federal Tort Claims Act, 28 U.S.C. § 2674. Appellant had sued for the wrongful death of her husband who was killed when the private plane he was piloting crashed while he was attempting to land near Jackson, Mississippi, allegedly because the air traffic control towers negligently failed to give him up-to-date information about the weather conditions, specifically about thunderstorms. The District Court, after a bench trial, found that while the controllers may have been negligent in failing to give this information, this failure was not a proximate cause of the accident. The District Court found there was no thunderstorm in the immediate vicinity to cause the crash. Rather, the sole cause of the accident was the pilot’s negligence.

Findings of fact by the trial judge are to be upheld unless clearly erroneous. Rule 52(a), Fed.R.Civ.Pro. We have examined the record and conclude the District Court’s findings of fact are not clearly erroneous. We affirm the judgment for the reasons stated in the District Court’s opinion filed June 29, 1978, reported at 492 F.Supp. 13 (W.D.Tenn.1980).

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ORDER

Appellant appeals from judgment for the United States in her suit brought under the Federal Tort Claims Act, 28 U.S.C. § 2674. Appellant had sued for the wrongful death of her husband who was killed when the private plane he was piloting crashed while he was attempting to land near Jackson, Mississippi, allegedly because the air traffic control towers negligently failed to give him up-to-date information about the weather conditions, specifically about thunderstorms. The District Court, after a bench trial, found that while the controllers may have been negligent in failing to give this information, this failure was not a proximate cause of the accident. The District Court found there was no thunderstorm in the immediate vicinity to cause the crash. Rather, the sole cause of the accident was the pilot’s negligence.

Findings of fact by the trial judge are to be upheld unless clearly erroneous. Rule 52(a), Fed.R.Civ.Pro. We have examined the record and conclude the District Court’s findings of fact are not clearly erroneous. We affirm the judgment for the reasons stated in the District Court’s opinion filed June 29, 1978, reported at 492 F.Supp. 13 (W.D.Tenn.1980).

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628 F.2d 935, 1980 U.S. App. LEXIS 16308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willie-sheeks-bandy-v-united-states-ca6-1980.

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