Norton by & Through Norton v. United States

FINDINGS OF FACT AND CONCLUSIONS OF LAW

This action, brought pursuant to the provisions of the Federal Tort Claims Act (28 U.S.C. 2761, et seq.), was tried to the Court sitting without a jury on April 2 and 3, 1985. The case was bifurcated for trial; this phase of the case being addressed to the liability of the defendant United States of America to the plaintiffs, and the liability of the third-party defendant, Claude C. Wood Company, to the third-party plaintiff, The United States of America.

The plaintiffs Leslie Norton, a minor by and through her guardian ad litem, Karen Norton, and Karen Norton, individually, appeared personally and through their attorney Richard C. Watters of Miles, Sears &' Eanni. The defendant, United States of America, appeared by and through its attorney, Garland Burrell, Jr., Assistant United States Attorney, of the United States Attorney’s Office. The third-party defendant, Claude C. Wood Company, appeared by and through its attorney Paul Auchard of the firm of Chinello, Chinello, Shelton & Auchard.

The Court having heard the testimony of the witnesses and having considered the exhibits admitted into evidence, makes its Findings of Fact and draws…