On 28 July 1945, a cloudy and foggy day in New York City, Lieutenant Colonel William Franklin Smith, Jr. was scheduled for a personal transport mission of his B-25 Bomber to Newark Airport from Bedford Army Air Field. Against the orders of his command unit to land elsewhere due to limited visibility, Smith proceeded to land his B-25 Mitchell Bomber and subsequently crashed into the Empire State Building, between the 78^th and 80^th floors.

The aircraft hit the Empire State Building with such a high velocity that both engines shot through the building, resulting in one engine flying out the south side and down to the next block and the other plummeting 900 feet destroying a penthouse below.

The horrific damage caused by this crash and the resulting fire that ensued resulted in 14 casualties; including Lieutenant Colonel Smith and his two passengers. Because of this incident, the Federal Tort Claims Act of 1946 was passed. This act allowed all who were injured, either physically or financially, to sue the United States in a federal court for the legal liability of Smith.

If an event such as this was to occur in the nineteenth century before this statute was enacted, the families of the casualties and all who were affected by this tragedy would never have been able to seek recovery.

Although the crash of Lieutenant Colonel Smith’s B-25 Bomber was not the initial reason behind this bill, it hastened the statute’s passing so all victims involved could have the right to a lawsuit.

–Matthew Rodey
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I attend Schoolcraft College and am in his freshman year of college. I am working towards a degree in the Engineering field. I am very proud of my academic and athletic achievements from the high school to the college level. I live in Livonia Michigan and plans to transfer into a four year university.