McAsey
McAsey v. U.S. Department of Navy
Opinion
Opinion
Larson, J.
INTRODUCTION
Bob McAsey awoke on a June morning, kissed his wife Shari goodbye, climbed into his truck and drove approximately 100 miles to a job site on a Navy base. There, he pulled on his leather gloves, picked up his chipping gun, and with his friend and co-worker Dusty O’Ferrall nearby, started breaking up a concrete pad to dig a trench around an electrical conduit. Within minutes, the metal tip of the tool struck a 4,160 volt power line that nobody knew was there. Bob turned for a second to his companion, whispered, “Dusty?” and collapsed. The foreman called the paramedics,. but they couldn’t revive him. Bob McAsey was dead.
PROCEDURAL BACKGROUND
McAsey’s widow, - Shari, and his adult children, Tammy Marie McAsey Ingle and Robert William McAsey, filed this lawsuit against the electrical subcontractors and the Navy, pursuant to the Federal Tort Claims Act, 28 U.S.C. 2674. Venue is not in dispute. The subcontractors, Tryco Electric and Del Monte Electric, were dismissed following mediation.
On August 20, 2001, Defendant’s motion for summary judgment was denied. The court found that there were material facts in dispute, including whether the parties’ contract had been…