Express your agreement or disagreement with this analysis and clearly state your reasons.

Scenario:

It is a quiet predawn morning in the Seattle, WA area and the lone FAA air traffic controller who is controlling the airspace in the sector south of the city has been on duty for seven hours. The weather is clear with a visibility of 15 miles. The only traffic is a Navy helicopter on the East side of the controller's airspace, transiting the area westbound en route to a nearby Navy facility, and a private airplane on the Southside of the controller's airspace flying northbound. Both aircraft are operating under visual flight rules, are in contact with the controller, and flying at an assigned altitude of 3,500 ft. The controller dozes off, then is awakened by the ringing telephone, learning that the two aircraft collided in flight in the controller's airspace. There are no survivors. Investigation reveals that the two collided while in level flight at the altitude assigned each by that controller.

Analyze the potential liability of the United States and the controller for the accident. (You may find it helpful to diagram the positions and approximate tracks of the two aircraft, first.)

Analysis:

The United States government and the controller will not be liable for the crash of the military Navy helicopter. According to the Federal Tort Claims Act (FTCA), the federal government is not liable for government employees' negligence if the person killed or injured was engaged in any incident in service. This implies that the government would not be liable and would not compensate those on board the Navy helicopter for their losses. However, the active-duty beneficiary can be insured for up to $400,000 in the event of their death if they have Servicemembers Group Life Insurance (SGLI).

For the private aircraft involved in the accident, under the FTCA, the federal government is potentially liable for the accident. According to the FTCA, for injury or loss of property or personal injury or death caused by the negligence or wrongful act or omission of any employee of the government acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred. This implies that, because the controller is an FAA employee, the federal government will be held accountable for the accident instead. Since the controllerwas working within the scope of their employment, the federal government bears indirect culpability in this accident. However, this does not exclude the controller from facing administrative disciplinary action from the government, where the FAA may take disciplinary action against the controller, such as suspending, reducing his salary, or terminating hisemployment.