United States v. Lawter

219 F.2d 559 (1955)

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Nature of the Case

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Facts

The deceased, Loretta Jean Lawter, her husband (P), Andrew Lawter and his wife, Susan Lawter, were in a 16-foot skiff when a wave drowned out the outboard motor attached to the skiff and further waves resulted in the swamping of the boat. The four passengers were cast into water approximately 500 yards from the nearest shore. The water at that particular point was approximately four feet deep. The wind was blowing at a sufficient rate to cause whitecaps and rough water. A U.S. Coast Guard helicopter was making a routine patrol flight, and the crew saw the four Lawters in the water. There were no boats or vessels nearby to rescue them. The crew of the helicopter proceeded to undertake the rescue. Crewman Antle had never taken part in any rescue mission and had had no training in such work or the operation of the hoist. Nathaniel Passmore in the co-pilots seat had taken part in several air-sea rescues and was experienced in such operations. The cable was dropped, and Susan Lawter took hold of the cable. The belt or sling attached to the cable was not attached to her. When Antle began raising the cable, the belt or sling was not attached, and she was merely holding on with her hands. She was raised until her head and shoulders were above the bottom of the door in the helicopter when Antle stopped the cable. She had not been raised high enough to be brought into the cabin. Before the cable could be raised further, she lost her grip and fell. She died. P sued D, and the jury returned a verdict for P. Both parties appealed.