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WILLIAMS v. MORAN, PROCTOR, MUESER & RUTLEDGE

205 F.Supp. 208 (1962)

The Libels in personam of Betty Marie WILLIAMS, as Administratrix of the Estate of Troy Ford Williams, Deceased; of Kenneth Philhower, as Administrator of the Estate of Harry M. Shaffer, Deceased; of Adele Giurastante, as Administratrix of the Estate of Domenic Vincent Giurastante, Deceased; of Connie Wolford, as Administratrix of the Estate of Larry Wolford, Deceased; of Edna C. Kovarick, as Administratrix of the Estate of Wilbur L. Kovarick, Deceased; of Janice Lynne Jones, as Administratrix of the Estate of Leland H. Jones, Deceased, Libellants, v. MORAN, PROCTOR, MUESER & RUTLEDGE, partnership consisting of Carlton S. Proctor, William H. Mueser, Philip C. Rutledge, Paul M. Wentworth and Robert C. Johnston, individually and as a joint venturer with Anderson-Nichols & Company, and against each of said partners individually and as a joint venturer with Anderson-Nichols & Company; Anderson-Nichols & Company, a partnership consisting of Evan Ross Anderson, Allen N. Bennett, Eugene S. Taliaferro, Merell T. Kinne, William F. Dewey, Guerard H. Howkins, Charles Wm. Johnson, Fred F. Ladd and Robert L. Williams, individually and as a joint venturer with Moran, Proctor, Mueser & Rutledge, and against each of said partners, individually and as a joint venturer, with Moran, Proctor, Mueser & Rutledge; and Anderson-Nichols & Co., Inc.; J. Rich Steers, Inc., individually and as a joint venturer, and Morrison Knudsen Co., Inc., individually and as a joint venturer, Respondents.

United States District Court S. D. New York.

April 30, 1962.

Attorney(s) appearing for the Case

George J. Engelman, New York City, and Harry Kisloff, Boston, Mass., for libelants.

Whitman, Ransom & Coulson, New York City, for respondents Moran, Proctor, Mueser & Rutledge, and others; Forbes D. Shaw, Paul M. O'Connor, Jr., New York City, of counsel.

Nevius, Jarvis & Pilz, New York City, for respondents J. Rich Steers, Inc. and Morrison Knudsen Co., Inc.

Frank G. Sterritte, New York City, for respondent J. Rich Steers, Inc.

Macklin, Speer, Hanan & McKernan, Charles J. Carroll, Jr., New York City, of counsel, for respondents.

SUGARMAN, District Judge.

On December 28, 1961, six libelants, each as the representative of his or her intestate, filed a libel seeking damages for the conscious pain and suffering and wrongful death of each said decedent. Each intestate was a member of the United States Air Force, stationed on Texas Tower No. 4, who met his death when that Tower collapsed into the sea on January 15, 1961.

The libel pleads thirty causes of action, five by each libelant. The...

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