A midair collision occurs within the Class D airspace

A midair collision occurs within the Class D airspace of a local airport that has a control tower operated by the FAA. Visibility at the time of the accident was three miles (marginal VMC), and both aircraft had radioed the tower a minute or two before the collision, reporting similar positions. Each obtained landing instructions and the tower warned the second aircraft that another aircraft had reported inbound from the same area.

The aircraft were not yet visible to the tower controllers when the collision occurred. One of the distraught tower controllers later lamented to the news media: “I told Washington months ago that we needed radar at this tower and that if we didn’t get it pretty soon, there was probably going to be a midair collision. If only we’d had radar, we could have kept those planes apart.” Can the survivors of the people who died in the collision reasonably hope to successfully sue the federal government for the FAA’s negligence in not installing air traffic radar at this airport Explain.

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