IN RE: Air Crash Disaster Near Natchtitoches Parish, Louisiana, on September 20, 1973

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>. A JUDICIAL PANEL OM
MULTI ST FLeroFHIED
BEFORE THE JUDICIAL PANEL
ON FEB 10 1375
MULTIDISTRICT LITIGATION
PATRICIA D. KGW ARD
IN RE AIR CRASH DISASTER NEAR ) CLERK SF THE PANEL
NATCHITOCHES PARISH, LOUISIANA, ) DOCKET NO. 193
ON SEPTEMBER 20, 1973 )
OPINION AND ORDER
BEFORE JOHN MINOR WISDOM, CHAIRMAN, AND EDWARD WEINFELD,
EDWIN A. ROBSON, WILLIAM H. BECKER, JOSEPH S. LORD, III,
STANLEY A. WEIGEL, AND ANDREW A. CAFFREY, JUDGES OF
THE PANEL
PER CURIAM
On September 20, 1973, an airplane owned and
operated by Bromley Corporation crashed into a tree on
takeoff from the Natchitoches, Louisiana, Municipal Airport.
Several people died as a result of the crash.
On March 11, 1975, the Panel issued an opinion
and order determining the propriety of transfer pursuant to
i/
28 U.S.C. §1407 of three actions arising from the crash.
The Panel denied the requested transfer finding that one of
the actions was only peripherally related to the other two
1/ In re Air Crash Disaster Near Natchitoches Parish,
Louisiana, on September 20, 1973, 391 F. Supp. 765
(F.P.M.L. 1975). The complaints in two of the actions
then before us contained allegations that Variety Theater
International, Inc. and defendant Mustang Aviation, Inc.
entered into a contract under which the latter was obli-
gated to provide one of its airplanes and a pilot to
safely transport the decedents towarious locations and
that after the contract was executed, and without Variety's
knowledge or permission, defendant Mustang agreed with
defendant Bromley to have Bromley carry out the contract.
Plaintiffs alleged that the two defendants were jointly
and severally liable for the negligent operation of theaircraft. Id.at 766. The third action, focused on the
alleged negligence of the City of Natchitoches and_the owner
£ 2'parcel of land sajacent	Yo tyeairport	in falling €o cutdowny were Sitaated near the enB of the runway ond into whichthe aircraft crashed. Id.

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and that, since only two actions were therefore candidates
for Section 1407 proceedings, suitable alternatives to coordi-
nated or conglidated pretrial proceedings existed.
Presently before. the Panel are four actions arising
out of this same disaster, none of which has previously been
considered for transfer under Section 1407. These actions
are pending in three different districts: two in the
Northern District of Illinois, one in the Central District
of California and one in the District of New Jersey. Plain-
tiffs allege that the United States, the sole defendant in
each action, through its agent, the Federal Aviation Admin-
istration, was negligent by issuing a master record or plan
or map of the Natchitoches Airport which failed to list as
an obstruction the tree into which the airplane involved
crashed. Defendant United States has moved for transfer
of the actions to the Western District of Louisiana for
Section 1407 proceedings. All responding plaintiffs recog-
nize the need for centralized pretrial proceedings but
oppose the Western District of Louisiana as the transferee
forum.
We find that these actions involve common questions
of fact and that their transfer to the Western District of
Louisiana will best serve the convenience of the parties
and witnesses and promote the just and efficient conduct
of the litigation.

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As is often the case in air disaster litigation,
the only real issue in dispute among the parties is the
location of the appropriate transferee forum. See, e.g.,
In re Air Crash Disaster	at Florida Everglades on December 29,
1972, 360 F. Supp. 1394 (J.P.M.L. 1973). Plaintiffs argue
that the Western District of Louisiana would be an inconven-
ient transferee court because of its relative geographic
inaccessibility and because they suspect that the deposition
discovery of the United States will likely not occur in
Louisiana. They suggest that theNorthern District of
Illinois might be a reasonable mid-way transferee court
for all parties concerned. Movant United States, on the
other hand, urges transfer to the Western District of Louisiana
since it contains the situs of the crash and, as a result,
is the logical focal point for discovery.
While we understand plaintiffs' concern over
the difficulty of traveling to and from the Western District
of Louisiana, we are led inescapably to the conclusion that,
inasmuch as that district is where the accident occurred,
a substantial amount of the relevant discovery will take
place there. Plaintiffs would therefore have to bear
the expense of frequent trips by their counsel to Louisiana
even if the actions were not transferred there. Thus, we
see no reason to deviate from our general rule that the most
efficient and expeditious resolution of domestic air disaster

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litigation can normally be best achieved by transferring
all actions to the district of the situs of the crash.
See, 2.9.., In re Air Crash Disaster Near Upperville, Virginia,
on December 1, 1974, 393 F. Supp. 1089, 1090 (J.P.M.L. 1975):
Tn re Delta Airlines Crash at Boston, Massachusetts, on
July 31, 1973, 373 F. Supp. 1406, 1407 (J.P.M.L. 1974).
IT IS THEREFORE ORDERED that the actions listed
on the following Schedule A be, and the same hereby are,
transferred to the Western District of Louisiana and, with
the consent of that court, assigned to the Honorable Benjamin
C.. Dawkins, Jr. for coordinated or consolidated pretrial
proceedings pursuant to 28 u.s.c. §1407.

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SCHEDULE A DOCKET NO. 193
DISTRICT OF NEW JERSEY
Maurice J. Muehleisen, et al. v. Civil Action
United States of America No. 75-765
NORTHERN DISTRICT OF ILLINOIS
Adolph Rast, et al. v. United States Civil Action
of America No. 75C-2787
Linda Cortese, etc. v. United States civil Action
of America No. 75C-2786
CENTRAL DISTRICT OF CALIFORNIA
Ingrid Croce, etc. v. United States Civil Action
of America No. 75-1939-JWC