JOHNSON v. U.S., DEPT. OF TRANSP., F.A.A.

Civil Action Nos. 05-cv-01564-RPM, 05-cv-01565, 05-cv-01566, 05-cv-01568, 05-cv-02042.

671 F.Supp.2d 1230 (2009)

Barbara Lohman JOHNSON, Personal Representative of the Estate of Richard Verne Lohman, Deceased; Kristin E. Lohman, Brett E. Lohman, Bryan R. Lohman, Natural Children and Heirs of Richard Verne Lohman, Deceased; Jerry D. Biggs, Personal Representative of the Estate of Michael A. Baker; Nicole Baker and Warren Baker, Natural Children and Heirs of Michael A. Baker, Deceased; Jeffrey Rudisill, Personal Representative of the Estate of Catherine Lucille Lohman, Deceased; Byron Drew Rudisill, Natural Child and Heir of Catherine Lucille Lohman, Deceased, by and through his Guardian and Conservator, Jeffrey Rudisill; and Jerry D. Biggs, Personal Representative of the Estate of Kathleen G. Baker; Allison Templeton, Natural Child and Heir of Kathleen G. Baker, Deceased, Lovey L. Mohnssen and C. Richard Rudibaugh, as co-personal representatives of the estate of Rick E. Mohnssen a/k/a Rick Edward Mohnssen, deceased; Lovey L. Mohnssen as surviving spouse and heir at law of Rick E. Mohnssen a/k/a Rick Edward Mohnssen, deceased; S.M., as surviving minor child and heir at law of Rick E. Mohnssen a/k/a Rick Edward Mohnssen, deceased, by and through her mother, guardian and next friend, Lovey L. Mohnssen; and Eric Mathias, as surviving adult son and heir at law of Rick E. Mohnssen a/k/a Rick Edward Mohnssen, deceased, Plaintiffs, v. UNITED STATES of America, DEPARTMENT OF TRANSPORATATION, FEDERAL AVIATION ADMINISTRATION, Defendant.

United States District Court, D. Colorado.

November 13, 2009.


Attorney(s) appearing for the Case

Danial Alan Nelson, Schaden, Katzman, Lampert & McClune-Broomfield, Broomfield, CO, for Plaintiffs.

Thomas J. Byrne, Byrne, Kiely & White, L.L.P., Mary Alice Wells, Timothy Richard Pitner, Wells, Anderson & Race, LLC, Denver, CO, for Defendants.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

RICHARD P. MATSCH, Senior District Judge.

Late in the afternoon of July 3, 2003, a twin-engine propeller-driven Cessna 421 C aircraft, registration number N777DX flew directly into a hillside near Sitka, Alaska, killing all five occupants. In this civil action, the heirs and personal representatives of the decedents seek damages for their wrongful deaths allegedly caused by the negligence of an air traffic controller...

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