Case details

Military jet crashed into house, fatally burning occupants

SUMMARY

$17845000

Amount

Decision-Plaintiff

Result type

Not present

Ruling
KEYWORDS
burned, emotional distress, mental, psychological
FACTS
On Dec. 8, 2008, plaintiffs’ decedent Youngmi Lee Yoon, 36, was at her home in University City in San Diego with her 7-week-old newborn, plaintiffs’ decedent Rachel Yoon, and her 15-month-old toddler, plaintiffs’ decedent Grace Yoon, as well as her mother who was visiting from South Korea, plaintiffs’ decedent Seokim Kim-Lee, 59, a factory worker. On that day, a disabled, out of control F/A-18D Hornet Marine Corps jet crashed into the residence and set it on fire. The student pilot ejected from the jet prior to impact, but the occupants of the home were burned alive. Don Yoon, acting individually and as successor in interest of his deceased wife and daughters; and Sanghyun Lee, acting individually and as successor in interest of his deceased wife, Seokim Kim-Lee; as well as Youngmi Lee Yoon’s grandmother, Yangrae Kook, and Kim-Lee’s children and Mrs. Yoon’s siblings, Baekgwan Lee, Jun Hwa Lee and Yumi Lee, sued the United States, under the Federal Tort Claims Act, and the aircraft’s manufacturer, The Boeing Co., for products liability and breach of warranties. Boeing was later dismissed from the suit by the plaintiffs. Plaintiffs’ counsel contended that Marine Corps officers should have ordered the aircraft to land at an alternate location instead of the Marine base at Miramar, which took the disabled aircraft over residential neighborhoods. Counsel also contended that the United States knew the flight path over the residential neighborhoods was a public safety hazard for decades, but failed to change it. Plaintiffs’ counsel further contended that the aircraft had a known history of warnings and system failures, but it was nonetheless cleared for takeoff in violation of regulations and written policies. The United States admitted sole liability for the events. As a result, all evidence of the alleged negligence of U.S. employees and officials was excluded from trial., Youngmi Lee Yoon, her infant daughters, Rachel and Grace, and her mother, Seokim Kim-Lee, died in a fire that was caused by the crashed jet. Mrs. Yoon was 36 years old, Rachel was 7 weeks old, Grace was 15 months old, and Kim-Lee was 59 years old at the time of their death. Their family claimed that each decedent was a loving and supportive part of two families that were exceptionally close due to traditional Korean values. Kim-Lee and the Lee plaintiffs were citizens of South Korea who spoke no English. The families also claimed that Mrs. Yoon was highly dedicated to furthering her nursing career and would have secured a registered nurse position at a large hospital. Thus, the Yoon/Lee families sought recovery of wrongful death noneconomic damages for loss of the love, affection, care, comfort, companionship, society, and guidance from their respective decedents. They also sought recovery of economic damages for lost earnings, lost household services and lost personal property. Defense counsel contended that Mr. Yoon’s relationship with his daughter Grace was diminished because she had been cared for by her grandparents in Korea for several months and that his relationship with Rachel was necessarily underdeveloped. Counsel also contended that Mrs. Yoon would never significantly advance in her nursing career.
COURT
United States District Court, Southern District, San Diego, CA

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