Denise Schippers v. United States
715 F.3d 879
11th Cir.2013Background
- Private Beechcraft King Air crashed in Texas killing four Florida residents; estates of decedents sued U.S. under FTCA and Florida Wrongful Death Act in Florida; co-plaintiffs Denise Schippers and Sharon Cox-Estep (Florida residents) sued in Texas under FTCA and Texas Wrongful Death Act; Florida district court applied Florida law and dismissed for lack of capacity under Florida statute; appeal challenges choice-of-law and capacity issues, arguing Texas law should govern liability and damages; court holds Rule 17 does not govern FTCA capacity and Texas choice-of-law governs; reversal ordered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 17 governs capacity in FTCA case | Schippers & Cox-Estep rely on Rule 17 to bar suit | U.S. contends Rule 17 controls, resolving capacity first | Rule 17 does not apply to FTCA capacity |
| Which state’s law governs capacity and standing in FTCA case | Texas choice-of-law should determine capacity/standing | State where act occurred (Florida) controls capacity | Capacity determined under FTCA choice-of-law framework; not Rule 17 |
| What law applies to liability and damages | Texas law should govern liability and damages | Florida law should apply to all issues under most-significant-relationship | Texas law controls for both liability and damages (depecage rejected) |
| Role of depecage in choice-of-law analysis | Depecage may separate liability and damages by different states | Depecage inappropriate here | Depecage rejected as inappropriate for this case |
Key Cases Cited
- Gonzalez-Jiminez de Ruiz v. United States, 378 F.3d 1229 (11th Cir. 2004) (FTCA requires applying the whole law of the state where the act occurred, including standing and capacity)
- Foster v. United States, 768 F.2d 1278 (11th Cir. 1985) (Illinois law governs certain wrongful-death recoveries when domicile and beneficiaries call for Florida limits)
- Lewis Charters, Inc. v. Huckins Yacht Corp., 871 F.2d 1046 (11th Cir. 1989) (finality of order where case remains pending for others; appellate jurisdiction under Rule 54(b))
- King v. Cessna Aircraft Co., 562 F.3d 1374 (11th Cir. 2009) (example of limited consolidation for pre-trial purposes; finality of decision for appeal)
- Georgetown Assocs., Ltd. v. Home Federal Sav. & Loan Assoc., 795 S.W.2d 252 (Tex. App. 1990) (notes on depecage existence/recognition in Texas)