Schippers, et al v. United States

This case involved a plane crash in Texas and at issue on appeal was what law should control. The plane took off from Uvalde, Texas with an intended destination of Leesburg, Florida. The pilot and passengers were residents of Florida. The court concluded that it had jurisdiction over the appeal; Rule 17 did not apply to this Federal Tort Claims Act (FTCA), 28 U.S.C. 1346(b), 2671, et seq., case and it did not preclude plaintiffs from bringing a FTCA claim against the government; and three of the "most significant relationship test" factors identified in Restatement (Second) of Conflicts of Laws 145 clearly pointed to Texas, while the fourth "should be discounted" and was entitled to little weight on the facts of this particular case. Consequently, the law of Texas controlled as to both liability and damages. Therefore, the district court erred in applying Florida law and dismissing the complaint. Accordingly, the court reversed and remanded for further proceedings. View "Schippers, et al v. United States" on Justia Law