The three reached BBAI a little after 1:30 a.m., and Giffe parked his car a short distance behind the chartered aircraft. But Giffe had other plans, and, if all went according to schedule, both he and his wife would be dead in the very near future. When told of the trip while en route to the airport she protested vigorously and demanded that she be taken home. Susan Lakich Giffe was separated from her husband, as she had been several times before in their often tempestuous marriage, and knew nothing about the upcoming flight. With him was a short-time acquaintance, Bobby Wayne Wallace, whom Giffe had solicited to accompany the couple to the airport and drive Giffe's car back to town after they departed on a flight to Atlanta. Giffe drove his late-model Cadillac to a Nashville hotel and picked up his wife, who was just getting off work as cashier in the hotel dining room. An IFR (instrument flight rules) flight plan was filed for the round trip to Atlanta and back to Nashville, *719 and Downs issued fuel instructions to BBAI linemen.Īt approximately 1:00 a.m. The two pilots arrived at the airport by midnight and completed their preparations for the flight. Crump was not pilot-in-command rated on the Hawk Commander and would therefore serve as co-pilot to Downs, who was a regular first pilot on this aircraft. departure.Īfter being notified that 58 November had been chartered for the flight to Atlanta, Randall Crump called fellow BBAI pilot Brent Downs and informed him of the charter scheduled for early the next morning. In addition, he paid the balance due on the charter of $217, again utilizing $100 bills, asked about the aircraft's range and baggage capacity, and sought to insure that the airplane would be ready for a 1:00 a.m. on October 4.ĭuring these subsequent trips, Giffe placed three pieces of luggage aboard the chartered aircraft a small metal box, a black attache case, and a suit bag. Giffe paid a $200 deposit with two $100 bills and left, but made three additional visits to the BBAI hangar before arriving for departure shortly after 1:30 a.m. While at the office, Giffe discussed his plans over the telephone with Randall Crump, the eventual co-pilot on the trip, and agreed to charter a Hawk Commander Aircraft numbered N9058N (hereafter "58 November") for $417. the following morning with a business associate, drop him off in Atlanta, and pick up another passenger for the return trip to Nashville. that day, Giffe visited BBAI's office and restated his interest in the charter, telling BBAI employees that he needed to leave Nashville around 1:00 a.m. He received a price quotation for the proposed trip, but made no commitment. (here after "BBAI") at Nashville Metropolitan Airport and inquired about chartering a flight to Atlanta, Georgia, later that evening. called the office of Big Brother Aircraft, Inc. For reasons hereinafter developed, the court holds it can, but that plaintiffs are not entitled to the relief sought.ĭuring the mid-afternoon of October 3, 1971, George Giffe, Jr. This case poses the important question of whether this tragic event of October 4, 1971, can provide the basis for a damage suit against the United States under the Tort Claims Act. Charging negligence in the manner of FBI intervention, the pilot's wife, hijacker's daughter, and aircraft owner seek damages for wrongful death and injury to the aircraft.
His plans frustrated, the hijacker took his own life, but not before killing his wife and the pilot. The agents refused the hijacker's demands for fuel and ultimately disabled the aircraft by gunfire to prevent its departure. The aircraft landed for fuel in Jacksonville, Florida, and was confronted by waiting agents of the Federal Bureau of Investigation. The hijacker commandeered a chartered twin-engined aircraft in Nashville, Tennessee, and holding his estranged wife, a male associate, and two pilots hostage, proceeded towards the Bahamas. This is a suit against the United States under the Federal Tort Claims Act arising out of an incident of air piracy which occurred on October 4, 1971. of Justice, Washington, D.C., for defendant. Butler, Fred Thompson, Nashville, Tenn., for plaintiffs.Ĭharles H.
Merritt, Jr., Thomas Wardlaw Steele, Jack A. Brent Quinton DOWNS for herself as Executrix of the Estate of Brent Quinton Downs, and as guardian and next friend of Andrew Arthur Downs and Brent Q.
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