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PAN AMERICAN WORLD AIRWAYS v. PORT AUTHORITY OF N.Y. AND N.J.

No. 875, Docket 92-6205, 92-6207.

995 F.2d 5 (1993)

PAN AMERICAN WORLD AIRWAYS, INC., Plaintiff-Appellant-Cross-Appellee, v. The PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Defendant-Third-Party-Plaintiff-Appellee-Cross-Appellant, United States of America, Defendant, United States Aviation Underwriters, Inc.; United States Aviation Insurance Group, Third-Party-Defendants-Cross-Appellees, United States of America, by and through; United States Department of Transportation; Federal Aviation Administration; Frank B. Hall & Company, Third-Party-Defendants.

United States Court of Appeals, Second Circuit.

Decided May 26, 1993.

Attorney(s) appearing for the Case

Raymond T. Munsell (James W. Borkowski, of counsel, on the brief), Windels, Marx, Davies & Ives, New York City, for plaintiff-appellant-cross-appellee and third-party-defendants-cross-appellees.

Anne M. Tannenbaum (Milton H. Pachter and Arthur P. Berg, on the brief), New York City, for defendant-third-party-appellee-cross-appellant.

Before NEWMAN and WINTER, Circuit Judges, and CARMAN, Judge.

CARMAN, Judge:

I. BACKGROUND

Pan Am initiated this suit to recover damages it sustained on January 16, 1984, when an engine on one of its DC-10 aircraft ingested snow and ice while taxiing to its terminal at John F. Kennedy International Airport (JFK) in New York. The ingestion occurred when the aircraft's pilot applied the engines' reverse thrust in order to avoid an imminent collision with sand trucks operated by the Port Authority.

The district...

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