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· 1/23/1978

Vera Zabala Clemente v. United States

Citations

  • 567 F.2d 1140

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that while the civil code’s concept of fault may be broad, it does not seem to support a claim that it is tortious conduct to fail to inspect another person’s property and warn that person of impending injury, unless there is some duty to the owner of the property
  • stating “even where specific behavior of federal employees is required by federal statute, liability to the beneficiaries of that statute may not be founded on the Federal Tort Claims Act if state law recognizes no comparable private liability”
  • failure of FAA to inspect “suspect” type aircraft which was overweight and lacked proper crew — no liability
  • \Nor do we believe that there is any sound policy basis for requiring that government attempts to protect the public must be accompanied by per se tort liability if they are unsuccessfully carried out.\
  • FAA weight and flight crew regulations

Source: CourtListener parenthetical corpus (CC0).

Judges: Coffin, Campbell, Crary

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.