Navy News, news from Iraq - Navy Times

Court upholds suit dismissal in Katrina rescue

NEW ORLEANS — A federal appeals court has upheld the dismissal of a lawsuit that a New Orleans man filed against the federal government after his wife fell to her death during a rescue attempt by a Navy helicopter in Hurricane Katrina’s aftermath.

The 5th Circuit Court of Appeals agreed Thursday with a lower court’s ruling that the government is immune from the wrongful death suit brought by Kevin Davis.

Several days after Katrina struck in August 2005, a Navy helicopter tried to pluck Davis and his wife, Donise, from an elevated expressway after they escaped the flood waters that had inundated New Orleans.

While the chopper’s crew tried to hoist Donise Davis into the cabin, her arms broke free of the restraining straps and she fell about 40 feet onto the expressway.