Two general aviation aircraft with similar call signs, flown by civilian pilots, are flying separately but in the trail, approaching a mountain-ringed U. S. airport for landing at night. Intending to clear the lead aircraft that has cleared the last ridge to descend, the approach controller accidentally uses the call sign of the second aircraft a few miles behind it, which has not yet cleared the ridge. The trailing aircraft acknowledges the descent clearance and while descending collides with the ridge in the dark. The pilot, the sole occupant of the aircraft, is killed. Describe in detail the potential liability of each of the following potential defendants, thoroughly explaining your legal reasoning: a. If the controller was an FAA employee: The controller The United States, as employer
b. If the controller was employed by a private company contracted by the airport to provide air traffic control services: The controller The company, as an employer