Gary Henthorne, by and Through His Legal Guardian and Conservator, Robert E. Henthorne v. United States

65 F.3d 175 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gary HENTHORNE, By and Through his legal guardian and conservator, Robert E. HENTHORNE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 93-17297. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 15, 1995. Decided Aug. 16, 1995. Before: FLETCHER, REINHARDT, and NOONAN, Circuit Judges. 1 MEMORANDUM * 2 Plaintiff Gary Henthorne, through his conservator, Robert Henthorne, appeals the district court's summary judgment in favor of the United States in his action under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. Secs. 1346 , 2674. We affirm. FACTS & PRIOR PROCEEDINGS 3 The government contracted with Beckman Construction Company to perform work on its elevators at the Veterans Administration Medical Center in Fresno, California. The contract provided that "[t]he Contractor shall ... be responsible for all damages to persons or property that occur as a result of…