Facts

Plaintiffs A.B. and minor children J.B., S.B., and S.B., brought a wrongful death action against defendant United States of America after decedent J.B., a 38-year-old civilian aerial photographer, died on July 17, 2001 while videotaping a decoy near China Lake Naval Weapons Station at the Edwards Air Force Base. He was riding in the backseat of an F-16B Air Force fighter jet, filming an experimental piece of equipment called a Miniature Air Launched Decoy (MALD) as it launched from another aircraft, when the jet crashed.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended Air Force pilot Aaron George became fixated on the MALD as it launched, causing him to fly his jet into the ground, killing him and decedent. They sought recovery against defendant under the Federal Tort Claims Act for George's negligence, claiming he failed to maintain "situational awareness" of his relationship to the ground.

DEFENDANT'S CONTENTIONS:
The defendant admitted George lost "situational awareness" while he and decedent followed the malfunctioning decoy at a high speed but claimed he recovered the aircraft from diving. It was decedent who tried to eject occupants from the jet before the crash. Decedent performed his official duties aboard the F-16 and was paid a premium for in-flight work. The military test flight was also a highly dangerous field with well-known risks.

Further, Labor Code Sections 3600 and 3602 precluded decedent from bringing a claim because he was a special employee and, therefore, barred from bringing suit against the government. He also assumed the risk of the flight. Although a contractor, decedent was not a passenger, but a trained crew member who was expected to behave as such.

Injuries

Decedent died; plaintiffs claimed loss of consortium.

Result

After an 11-day bench trial, the parties settled for $750,000. According to plaintiff, the recovery included $730,000 to be apportioned 55 percent to A.B.; 15 percent to J.B.; 15 percent to S.B.; and 15 percent to S.B.

Other Information

FILING DATE: May 31, 2002.