United States Seventh Circuit

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SPURGIN-DIENST v. US, 03-1071, 03-1080

District court did not err in concluding that pilot's decision to fly the plane into known icy conditions - rather than ground error - was the proximate cause of the fatal crash. This negligence action brought under the Federal Tort Claims Act therefore fails.

Appellate Information

  • Argued 12/04/2003
  • Decided 02/20/2004
  • Published 02/20/2004


  • TERENCE T. EVANS, Circuit Judge., Before BAUER, EASTERBROOK, and EVANS, Circuit Judges.


  • United States Seventh Circuit


  • For Appellant:
  • Todd A. Smith (argued), Power, Rogers & Smith, Kevin P. Durkin, Clifford & Associates, Chicago, IL, for Plaintiff-Appellant.

  • For Appellees:
  • Justin L. Chretien (argued), Washington, DC, for Defendant-Appellee.