Richard D. Hollinger, and Stella Hollinger v. United States of America, Richard D. Hollinger, and Stella Hollinger v. United States
Opinion
Opinion
Wallace, J.
The parties appeal from a judgment entered by the district court in this negligence action brought against the United States of America by the Hollingers pursuant to the provisions of the Federal Tort Claims Act ( 28 U.S.C. § 1346 (b)). Stella Hollinger’s claim was dismissed and is not before us. Subsequent to trial, the district judge entered his Findings of Fact, Conclusions of Law and Final Judgment, awarding Hol-linger damages in the sum of $462,000. Hollinger moved for entry of amended and additional findings of fact, and the court denied that motion.
On appeal, the government argues that the district judge erred in: (1) applying an incorrect standard of care to the government; (2) failing to rule on certain objections and motions; (3) finding that Hollinger was totally disabled from pursuing all normal courses of employment; and (4) failing to assess a greater percentage of comparative fault against Hollinger. In his cross-appeal, Hollinger contends that the district court erred in: (1) finding that he was thirty percent comparatively negligent; and (2) failing to enter sufficient subsidiary findings of fact concerning the amount of impaired earning capacity.