Wasilko v. United States
Wasilko v. United States
Opinion of the Court
Mrs. Helen Wasilko brought action against the United States under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), for wrongful death of her husband and ten year old son. The actions were filed by Mrs. Wasilko individually and as executrix of the will of her husband and administratrix of the estate of her son.
The District Court found that air traffic controllers were negligent in failing to warn the pilot, Mr. Wasilko, of severe air turbulance known as wingtip vortices after giving him clearance for take-off;
With respect to the death of the son, the District Court held that the contributory negligence of the father could not be imputed to his son. Judgment was awarded under the Federal Torts Claims Act in favor of Mrs. Wasilko in the amount of $22,000 for the death of her son and $3,800 for a one-half interest in the airplane.
The comprehensive opinion and findings of fact of District Judge William K. Thomas are reported at 300 F.Supp. 573.
We conclude that the findings of fact of the District Judge are not clearly erroneous, Rule 52(a), Fed.R.Civ.P., and that his conclusions of law are correct.
The judgment of the District Court is affirmed.
. In Lightenburger v. United States, 298 F.Supp. 813, (D.C.Cal.), the Court described the phenomenon of wing tip vortices as follows :
“There exists a phenomenon known as wing tip vortices. When a heavy aircraft flying at slow speed accelerates, the passage of the wings through the air causes a roll-up of the air mass at the tip of each wing. The air mass continues to swirl much in the same manner as a tornado, except that its position in the air is horizontal.”
Reference
- Full Case Name
- Helen WASILKO, Individually and as of the Estate of Edward G. Wasilko v. UNITED STATES of America, Defendant-Appellee Helen WASILKO, Individually and as Administratrix of the Estate of Edward A. Wasilko v. United States
- Status
- Published