A federal judge in Virginia has issued a $5.4 million judgment against the U.S. government after finding that an air traffic controller was negligent for a deadly midair crash involving three experienced pilots, including the former chief medical officer of the U.S. National Transportation Safety Board.

Thursday’s judgment awarded damages to the widow of an FAA-certified flight instructor, who was conducting a flight training review of the NTSB official, James Duncan, when both were killed in the 2012 crash. The pilot of the other plane, Thomas Proven, who is an accident investigator for the FAA, survived.

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