Thursday, July 27, 2006

In Total Shocker, Government finds Government not Responsible for Government Disaster

Hundreds of lawsuits were filed as a result of the disaster. Many of them were combined into Elizabeth Dalehite, et al. v. United States, under the recently enacted Federal Tort Claims Act (FTCA). On April 13, 1950, the district court found the United States responsible for a litany of negligent acts of omission and commission by 168 named agencies and their representatives in the manufacture, packaging, and labeling of ammonium nitrate, further compounded by errors in transport, storage, loading, fire prevention, and fire suppression, all of which resulted in the explosions and the subsequent carnage. On June 10, 1952, the U.S. Fifth Circuit Court of Appeals overturned this decision, finding that the United States maintained the right to exercise its own "discretion" in vital national matters. The Supreme Court affirmed that decision (346 U.S. 15, June 8, 1953), in a 4-to-3 opinion, noting that the district court had no jurisdiction under the federal statute to find the U.S. government liable for “negligent planning decisions” which were properly delegated to various departments and agencies. In short, the FTCA clearly exempts “failure to exercise or perform a discretionary function or duty”, and the Court found that all of the alleged acts in this case were discretionary in nature.
-http://en.wikipedia.org/wiki/Texas_City_Disaster

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