Aviation Law Questions Over Chapter Nine SP18 9.doc

Distracted the local controller then forgets about

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halting in position for takeoff. Distracted, the local controller then forgets about the regional airliner and clears a jumbo jet to land on the same runway. The larger airliner lands on top of the waiting regional airliner. Both aircraft are substantially destroyed by the collision and ensuing fire, and there are numerous passenger and crewmember deaths and injuries. a. Who is potentially liable, and why? The employee (ATC) is liable because of the accident was an international wrongful act by federal employee. b. If more than one person or entity is found legally liable, how will the responsibility to pay the plaintiff’s damages be apportioned? Describe. Split the percentage of responsibility that cause the accident, and each person should pay the amount.
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9. Is the United States liable for negligence of a FAA Designee, such as an AME, DAR, DER, DMR, IA, or CDO? No, because the designee is not employed as a U.S. employee and the federal government does not guarantee the work performed or the conclusions taken as the designee. 10. An air traffic controller is going through a bitter divorce. One dark and stormy night the controller realizes that among the aircraft he’s controlling is a private jet owned by the man who stole the affection of his soon-to-be-former spouse, and that she is among the passengers in that aircraft. In a fit of anger and jealous rage, the controller deliberately gives the jet a series of vectors to the final approach course intended to confuse the crew’s situational awareness before putting them on a course at an assigned altitude that causes the aircraft to collide with an obstacle. There are no survivors. Will the U.S. be held liable for the controller’s actions? Yes, the U.S. will have to take responsibility because air traffic controllers cannot fly when they are stressed or unhappy. The United States will take responsibility for failing to investigate air traffic controllers to determine whether they are appropriate and good health and condition to control the aircraft.
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  • Fall '18
  • vandoren

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