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Admiralty Law Keyed to Maraist
Executive Jet Aviation, Inc. v. City of Cleveland
Citation:
409 U.S. 249, 93 S.Ct. 493, 34 L.Ed.2d 454, 1973 AMC 1 (1972)Facts
On July 28, 1968, a jet aircraft owned and operated by Executive Jet Aviation was taking off from Burke Lakefront Airport in Cleveland, Ohio, adjacent to Lake Erie. After being cleared for takeoff by the air traffic controller Dicken, the plane became airborne but struck a flock of seagulls, causing an almost total loss of power. The aircraft descended in a semi-stalled condition, struck the airport perimeter fence and a pickup truck, then settled in Lake Erie just off the end of the runway, less than one-fifth of a mile offshore. The crew was uninjured, but the aircraft sank and became a total loss. The plaintiffs brought suit in admiralty, alleging that the crash was caused by the defendants’ negligent failure to keep the runway free of birds or to give adequate warning of their presence. The case raised the fundamental question of whether an aviation tort occurring on or over navigable waters falls within federal admiralty jurisdiction.
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