On May 4, 2014, plaintiffs’ decedent Edward A. Andreini, a businessman in his 70s, was one of the invited aerobatic performers at Travis Air Force Base’s Open House and Air Show, called “Thunder Over Solano,” in Fairfield. As Andreini was performing an “inverted ribbon-cut” maneuver, his aircraft, for reasons unknown, descended several feet and impacted the runway. The aircraft slid upside down and came to a stop near the show center. Andreini was not injured, but he remained trapped in the aircraft as the Air Force aircraft rescue and firefighting team took nearly five minutes to reach him. By the time they reached the aircraft, it had caught on fire, causing Andreini to die from extensive thermal . The decedent’s widow, Linda Andreini, and two adult sons, Edward J. Andreini and Mario Andreini, acting individually and as the decedent’s successors-in-interest, sued the owner of the air force base, the United States of America. The decedent’s family alleged that the United States violated the Federal Tort Claims Act. Plaintiffs’ counsel contended that the Air Force was responsible for providing, and allegedly represented that it would provide, appropriate and effective emergency services for the benefit of the decedent and other performers in the event of a mishap. However, counsel asserted that although the decedent needed immediate rescue services, the Air Force was negligent in the rescue of the decedent because the aircraft and firefighting personnel were unreasonably delayed. Defense counsel asserted that the United States was immune from suit pursuant to the discretionary function exception to the Federal Tort Claims Act. In other words, counsel asserted that the United States was immune because it exercised discretion in prescribing an aircraft rescue and firefighting response time objective of 5 minutes and that on the day of the subject incident, the rescue team arrived within that 5-minute objective. Counsel also asserted that the decedent assumed the risk of death from aerobatic flying, that the decedent had signed a waiver that absolved the United States of liability unless there was willful misconduct by United States’ personnel, and that the United States could only be held liable for gross negligence pursuant to California Health & Safety Code § 1799.102., Edward A. Andreini sustained extensive thermal and subsequently died at the scene. The coroner’s report indicated that Andreini did not suffer any blunt force trauma from the impact of the aircraft and that Andreini’s cause of death was sole due to the extensive thermal . Although he was in his 70s, Andreini was still active in all of his businesses, which included construction, property management, and aerobatic flying prior to his death. His family also claimed that he was married to his wife, Linda Andreini, for more than 50 years and that he ran his construction and property management businesses with his sons. They also claimed that the decedent and one of his adult sons, Edward J. Andreini, would fly together. Thus, the family claimed that they were close-knit and sought recovery of wrongful death damages for the loss of the decedent.