MILES v. NAVAL AVIATION MUSEUM FOUNDATION, INC.

No. 01-11026.

289 F.3d 715 (2002)

William T. MILES, Jr., Plaintiff-Counter-Defendant-Appellee, v. NAVAL AVIATION MUSEUM FOUNDATION, INC., Defendant-Cross-Defendant-Counter-Claimant-Cross-Claimant-Third-Party-Plaintiff, Perkins Smith, Inc., Defendant-Cross-Claimant-Cross-Defendant, United States of America, Defendant-Appellant, Estate of Fred Sorenson, William T. Miles, Sr., et al., Third-Party-Defendants.

United States Court of Appeals, Eleventh Circuit.

April 24, 2002.


Attorney(s) appearing for the Case

Justin Chretien, Barbara O'Malley, U.S. Dept. of Justice, Torts Branch, Civ. Div., Washington, DC, Pamela A. Moine, Pensacola, FL, for U.S.

Peter F. Burns, Gary W. Fillingim, Burns, Cunningham, Mackey & Fillingim, P.A., Mobile, AL, for Miles.

Before ANDERSON, Chief Judge, DUBINA, Circuit Judge, and MILLS, District Judge.


DUBINA, Circuit Judge:

This is an appeal from a judgment entered in favor of the Plaintiff after a four-day bench trial. We affirm.

I. BACKGROUND

A. Procedural History

The nose gear of a Beechcraft airplane collapsed during its initial taxi out of Pensacola's Naval Air Station. One of the aircraft's nose gear wheel valves broke off and hit Plaintiff William T. Miles, Jr. ("Plaintiff"), injuring his leg. Following the accident, surgeons...

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