John H. Johnson v. United States

Good Law
15 F.3d 1086·1993 WL 524318·1993 U.S. App. LEXIS 37673
United States Court of Appeals for the Ninth CircuitDecember 17, 199392-16310California629 words

Opinion

Opinion

15 F.3d 1086 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John H. JOHNSON, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 92-16310. United States Court of Appeals, Ninth Circuit. Submitted Dec. 14, 1993. * Decided Dec. 17, 1993. Before: LAY, ** HALL and THOMPSON, Circuit Judges. 1 MEMORANDUM *** OVERVIEW 2 John H. Johnson appeals the district court's entry of judgment for the United States of America after a bench trial on his claim for damages under the Federal Tort Claims Act. The district court entered judgment on partial findings pursuant to Federal Rule of Civil Procedure 52. We affirm. STANDARD OF REVIEW 3 Federal Rule of Civil Procedure 52 provides that findings of fact made by the district court may be reversed only if clearly erroneous. DISCUSSION 4 The district court found that Johnson did not show that either the Veterans' Administration or the Forest Service was negligent, Johnson assumed the risk of his injury, and Johnson's own…

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