LeGrande v. U.S.A.

Federal 7th Circuit Court
Civil Court
Federal Tort Claims Act
Case Number: 
No. 11-2205
Decision Date: 
July 18, 2012
Federal District: 
N.D. Ill., E. Div.
Dist Ct. did not err in granting defendant-FAA’s motion for summary judgment in FTCA action by plaintiff-stewardess alleging that she incurred personal injuries when plaintiff’s aircraft suddenly experienced turbulence where defendant failed to warn airline pilot that turbulence had been forecast along flight path of aircraft. While FAA air traffic controllers had duty to provide aircraft guidance to plaintiff’s aircraft, said air traffic controllers had no duty to advise pilot of contents of certain weather advisories that were too indefinite to be of assistance to pilot. Moreover, while one weather advisory contained specific information as to existence of turbulence, said advisory was not pertinent since it concerned airspace through which plaintiff’s aircraft did not travel. Ct. further found that plaintiff could not bring new allegations that National Weather Service (NWS) was negligent where plaintiff had failed to present administrative claim to NWS prior to filing instant lawsuit.