Supreme Court, Erie County
Federal Aviation Regulations — Standard of Care
In the Matter of the Air Crash near Clarence Center
Background: The defendants moved for an order directing that the plaintiffs’ claims be subject to the standard of care as found in the Federal Aviation Act and the Federal Aviation Regulations. The plaintiffs counter stating that New York state’s standard of care is not pre-empted by federal law.
Ruling: The court granted the defendants’ motion. The court found that the federal regulatory scheme was pervasive and complete “leaving no room for stat standards of care.”
Charles Miner of Smith Miner & O’Shea, Kenneth P. Nolan of Speiser, Krause, Nolan & Granito, Terrence M. Connors of Connors & Vilardo, Philip L. Rimmler of Paul William Beltz, Kenneth A. Manning of Phillips Lytle, Hugh M. Russ of Hodgson Russ, Justin T. Scime of Lipsitz Green Scime Cambria, Oliver K. Beiersdorf of Reed Smith, Terrance P. Flynn of Harris Beach, Charles H. Smith of Smith & Moore, and Thomas J. Drury of Damon & Morey for the plaintiffs; Neil A. Goldberg of Goldberg Segalla and David J. Harrington of Condon & Forsyth for the defendants