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SCHALLIOL v. FARE

United States District Court, Eastern District of Pennsylvania


June 7, 2002

MARY SCHALLIOL, PLAINTIFF,
V.
JOHN FARE, JR., ET AL. DEFENDANTS. LOUIS SIMON, ET AL., PLAINTIFFS, V. THE UNITED STATES OF AMERICA, DEFENDANTS.

The opinion of the court was delivered by: Marvin Katz, Senior Judge.

MEMORANDUM AND ORDER

On January 18, 2000 an aircraft crashed, killing all four persons on board, when the air traffic controller in Indiana directed the plane to a runway which had been out of service since September 20, 1995. For over four years, the United States published an approach chart for that runway without any mention that it was no longer in service. The government contends that the discretionary function exemption of the Federal Tort Claims Act requires dismissal of the decedent estates' claims based on this deficiency.

The contention of the United States is without merit. There is no rational connection between publishing inaccurate information and the policy concerns that underlie the discretionary function exemption.*fn1

ORDER

AND NOW, this ___ day of June, 2002, upon consideration of United States' Motion to Dismiss for Lack of Subject Matter Jurisdiction (01-224 doc. no. 79) and the responses thereto, it is ORDERED that said Motion is DENIED with respect to the complaint alleging negligence against the United States for publishing the runway approach chart without any indication that the approach was inactive. The remaining issues are deferred to trial where they may be decided in the context of a fuller record.


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