The Origin of the Federal Tort Claims Act
NPR had a fascinating story in its "Radio Diary" series today on the 1945 crash of a B-25 bomber crash into the Empire State Building. In addition to being a fascinating story, the incident also served as the genesis of the Federal Tort Claims Act.
Most non-lawyers are unaware of the concept of sovereign immunity - the doctrine that the government cannot be sued by its citizens because, at common law, the King could do no wrong. This changed slightly following the passage of the Tort Claims Act, allowing citizens to sue the government for certain types of matters. Here is an excerpt from the text of the story from NPR followed by a link to the audio.
Most non-lawyers are unaware of the concept of sovereign immunity - the doctrine that the government cannot be sued by its citizens because, at common law, the King could do no wrong. This changed slightly following the passage of the Tort Claims Act, allowing citizens to sue the government for certain types of matters. Here is an excerpt from the text of the story from NPR followed by a link to the audio.
"On July 28, 1945, residents of NewStory Audio
York City were horrified when an airplane crashed into the Empire State
Building, leaving 14 dead. Though the events of that day have largely faded
from public memory, they remain etched in the minds of those who
experienced them.
* * *
Willig recalled what she was thinking as the fire burned on the 79th floor. "It was a very small universe at that point. You're stuck there in an island, with fire all around us," Willig said. "A couple of the women had passed out from the smoke, and I had a handkerchief in my pocket, and so I used that to cover my nose and my mouth to protect me from the fumes. And somebody had opened the window. And I'm sitting there, and I thought about my rings. And I thought I won't be around to have them, someone else might as well have use out of them. So I took them off my fingers and threw them out the window."
Willig said a man on the street below saw the office workers trapped in the building and signaled to them to stay where they were.
"I guess he was trying to give us some solace — to say don't worry," Willig said. "And that was a connection with the rest of the world. We all felt a little better to know that someone knew we were there."
"And all of a sudden here were firemen and they're coming to rescue us, all dressed up in their raincoats, whatever they wear," Willig said. "It was just wonderful. We climbed out through the broken glass. I was just grateful to be alive."
Pall said she didn't know what happened until she was out of the building.
"I saw crowds of people just looking at each other and I said, 'What happened? What happened?' " Pall said. "He pointed up to the 79th floor and I looked up and saw the tail of a B-25 bomber."
Eight months after the crash, the U.S. government offered money to families of the victims. Some accepted, but others initiated a lawsuit that resulted in landmark legislation. The Federal Tort Claims Act of 1946, for the first time, gave American citizens the right to sue the federal government."
Many of these drivers should not have been on the road, however, the government has not yet taken steps recommended year ago by safety regulators to ensure that truck and bus drivers are medically fit to operate commercial vehicles.
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