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FLEMMING EX REL. FLEMMING v. AIR SUNSHINE

Nos. 01-3183, 01-3396.

311 F.3d 282 (2002)

Sabine FLEMMING, as Personal Representative of the Estate of James S. FLEMMING, v. AIR SUNSHINE, INC., and George J. James, Sabine Flemming, as Personal Representative of the Estate of James S. Flemming, Appellant Air Sunshine Inc.; George J. James; National Union Fire Insurance Company of Pittsburgh, PA. Appellants

United States Court of Appeals, Third Circuit.

Filed November 19, 2002.

Attorney(s) appearing for the Case

Pamela Lynn Colon [Argued], Law Offices of Lee J. Rohn, Christiansted, St. Croix, USVI, for Appellant/Cross-Appellee Sabine Flemming.

William G. Burd [Argued], Kenneth D. Murena, Tew Cardenas Rebak Kellogg, Lehman DeMaria Tague, Raymond & Levine, LLP, Miami, FL, for Appellees/Cross-Appellants Air Sunshine, Inc. and George J. James.

Before AMBRO, FUENTES, and GARTH, Circuit Judges.

OPINION OF THE COURT

FUENTES, Circuit Judge.

This unusual case arises from the tragic death of James S. Flemming, who died as a result of a plane crash off the coast of St. Thomas in the United States Virgin Islands. James Flemming survived the crash, but drowned when the plane sank. James Flemming's wife, Sabine Flemming, sued the airline, Air Sunshine, Inc., and the pilot, George J. James (collectively "Air Sunshine"). The parties entered into settlement...

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