GARBARINO v. UNITED STATES

No. 80-1227.

666 F.2d 1061 (1981)

Betty GARBARINO, as Administratrix of the Estate of Edward J. Garbarino, deceased, and individually, Plaintiff-Appellant. v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 24, 1981.


Attorney(s) appearing for the Case

Marvin L. Berris, Zeff & Zeff, Patrick Bruetsch, Detroit, Mich., for plaintiff-appellant.

William D. Blakely, Civ. Div., Torts Branch, U. S. Dept. of Justice, Washington, D. C., James K. Robinson, U. S. Atty., Detroit, Mich., for defendant-appellee.

Before KEITH and MERRITT, Circuit Judges, and PHILLIPS, Senior Circuit Judge.


PHILLIPS, Senior Circuit Judge.

This is an appeal from a summary judgment dismissing a complaint brought under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671 et seq.

On June 4, 1974, the plaintiff-appellant's decedent was a passenger in a Cessna 177 airplane which crashed shortly after take-off from the city airport in Detroit, Michigan. The decedent, Edward J. Garbarino, was burned severely in the crash and died several days later...

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