Peggy S. LeGrande v. United States
687 F.3d 800
7th Cir.2012Background
- FTCA claim by flight attendant Peggy LeGrande against United States for injuries from turbulence on Southwest Flight 2745
- Flight path was under Cleveland Center FAA air traffic control; turbulence warnings and weather forecasts were provided by NWS/Center Weather Service Unit and pilots via PIREPs
- MIS (Meteorological Impact Statements) and CWAs (Center Weather Advisories) were issued for the relevant area but are broad/offline planning tools, not direct navigational instructions
- FAA Job Order 7110.65P governs dissemination of weather information to pilots and HIWAS/Flight Watch/Flight Service procedures; MISs are not broadcast as in-flight advisories
- District court granted summary judgment for United States, holding FAA had no duty to disseminate MIS/CWA to Flight 2745 and MIS/CWA were not pertinent to the flight; LeGrande appealed
- Court affirms, holding (1) FAA owed no duty to disseminate MISs to Flight 2745 and no breach occurred, and (2) LeGrande’s new NWS negligence claim is barred for failure to comply with the FTCA administrative-claim requirement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FAA owed a duty to disseminate MIS/CWA to the flight. | LeGrande argues FAA had a duty to warn pilots of forecaster turbulence. | United States contends no duty to disseminate MIS/CWA to in-flight pilots. | No, FAA had no such duty; MIS/CWA not required to be broadcast to aloft aircraft. |
| Whether NWS meteorologist Janus could be liable for disseminating turbulence forecasts. | LeGrande contends Janus negligently failed to provide turbulence forecasts to FAA. | FAA/United States cannot be liable under FTCA for NWS-meteorologist actions absent proper claim. | Barred; FTCA administrative-claim requirement not satisfied for NWS negligence claim. |
| Whether LeGrande’s FTCA claim was properly asserted against the FAA under the administrative-exhaustion requirement. | LeGrande may rely on NWS dissemination failures to support FAA negligence. | Administrative claim named FAA only; no transfer to NWS required. | Barred; the administrative claim did not name NWS and §14.2 requires proper agency.” |
Key Cases Cited
- Northwest Airlines, Inc. v. Minnesota, 322 U.S. 292 (1944) (federal control is exclusive; aviation operations structured under federal authority)
- City of Burbank v. Lockheed Air Terminal, 411 U.S. 624 (1973) (federal control over airspace; regulatory framework governs duty scope)
- Richards v. United States, 369 U.S. 1 (1962) (choice-of-law governs torts under FTCA; Ohio law applies here)
- Wallace v. Ohio Dep’t of Commerce, 773 N.E.2d 1018 (Ohio 2002) (elements of ordinary negligence under Ohio law; Restatement-based duties)
- Holbrook v. United States, 673 F.3d 345 (4th Cir. 2012) (discretionary-function considerations; limits on FTCA liability in regulatory contexts)