State Farm Mutual Automobile Insurance v. United States

FINDINGS OF FACT AND CONCLUSIONS OF LAW

This matter came on for hearing on February 21, 1978, upon the Motion, by defendant United States of America, for Judgment on the Pleadings as against plaintiff Bessie Parros. Plaintiff Bessie Parros was represented by Diane Bradford, Esq., and defendant United States of America was represented by its counsel, Andrea Sheridan Ordin, United States Attorney, Frederick M. Brosio, Jr., Assistant United States Attorney, Chief, Civil Division, Eugene Kramer, Assistant United States Attorney, by Roger E. West, Assistant United States Attorney. The Court, having reviewed the Memorandum of Points and Authorities in support of defendant’s Motion, together with the Affidavit attached thereto, as well as the pleadings and all other documents on file herein, hereby deems defendant’s Motion to be one for summary judgment, in accordance with Rule 12(c) of the Federal Rules of Civil Procedure, and, accordingly, the Court makes the following Findings of Fact and Conclusions of Law:

FINDINGS OF FACT

I

Plaintiff, Bessie Parros, brings this action pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346 (b), 2671-80, seeking compensation for alleged…