United States of America, and Cross-Appellee v. Oren Lawter, and Cross-Appellant. Oren Lawter, and Cross-Appellant v. United States of America, and Cross-Appellee
219 F.2d 559 · Court of Appeals for the Fifth Circuit · 1955
Facts
Plaintiff's wife died during a Coast Guard helicopter air-sea rescue attempt after their boat capsized in Biscayne Bay. An inexperienced crewman was allowed to operate the hoist, prematurely raising the cable and causing the deceased to lose her grip and fall to her death. The trial court found the Coast Guard negligent for allowing the inexperienced crewman to conduct the rescue when an experienced one was available.
Issue
Can the United States be held liable under the Public Vessels Act and Tort Claims Act for the negligent performance of an affirmatively undertaken air-sea rescue by the Coast Guard? Was the trial court's finding of negligence and the awarded damages clearly erroneous?
Holding
The appellate court affirmed the trial court's judgment, holding the United States liable for the Coast Guard's negligent performance of the rescue. The court also found that the trial court's findings of negligence and the quantum of damages were not clearly erroneous.
Rule
When the United States, through its agents, affirmatively undertakes a rescue mission, it assumes a duty to perform that rescue with due and reasonable care. Negligent performance of an undertaken rescue, even if gratuitous, can lead to liability if it places the rescued party in a worse position or directly causes injury. Appellate courts will not overturn a trial court's findings of fact unless they are clearly erroneous.
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