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IN RE AIR CRASH DISASTER NEAR CERRITOS, CAL.

No. 91-55464.

967 F.2d 1421 (1992)

In re AIR CRASH DISASTER NEAR CERRITOS, CALIFORNIA, ON AUGUST 31, 1986. Theresa ESTRADA, individually, as Parent, Guardian, and Best Friend of Alejandro Estrada, a minor, and as Personal Representative of the Estate of Frank Estrada, Sr., deceased; Javier Estrada, deceased, and Anjelica Estrada, deceased, Plaintiffs-Appellees, v. AERONAVES DE MEXICO, SA., dba Aeromexico, Defendant, and United States of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 30, 1992.

As Amended August 7, 1992.

Attorney(s) appearing for the Case

Barbara B. O'Malley, U.S. Dept. of Justice, Washington, D.C., for defendant-appellant.

Joseph T. Cook, Speiser, Krause, Madole & Cook, Irvine, Cal., for plaintiffs-appellees.

Before: HUG, PREGERSON, and POOLE, Circuit Judges.

HUG, Circuit Judge:

In this case against the United States under the Federal Tort Claims Act, we are required to decide whether, in applying California law, the award to Theresa Estrada of damages for negligent infliction of emotional distress can be sustained. An Aeromexico airliner crashed into the Estrada home causing the home to be engulfed in flames; Theresa Estrada's husband and two children perished in the home. She did not witness the plane crash into her...

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