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 after their boat capsized. An untrained crewman negligently operated the hoist, causing her to fall from the cable before being secured, leading to her death. The district court found the Coast Guard negligent for allowing the untrained crewman to conduct the rescue when an experienced person was available.
Issue
Can the United States be held liable under the Public Vessels Act and Tort Claims Act for the death of an individual caused by the negligent performance of an affirmative air-sea rescue operation undertaken by the Coast Guard?
Holding
Yes, the appellate court affirmed the judgment finding the United States liable for the negligent performance of the rescue operation and the awarded damages. The court found the district court's findings of Coast Guard negligence and the lack of contributory negligence were well-supported.
Rule
When the United States, through its agents, affirmatively undertakes a rescue mission, it assumes a duty to perform that mission with due and reasonable care. It can be held liable for injuries or death caused by its negligent performance of an undertaken duty, even if the undertaking was gratuitous.
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