Rosalinda Resendez v. United States

72 F.3d 135 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rosalinda RESENDEZ, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 94-16569. United States Court of Appeals, Ninth Circuit. Submitted Dec. 4, 1995. * Decided Dec. 7, 1995. Before: PREGERSON, BRUNETTI, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Plaintiff Rosalinda Resendez appeals the district court's judgment in favor of defendant United States following a bench trial on remand of plaintiff's action under the Federal Tort claims Act, 28 U.S.C. Secs. 2671 , et seq. In her action, plaintiff alleged that her fall during a visit to a post office resulted from the negligence of the United States. In case number 92-15259, we vacated the district court's dismissal and remanded to the district court for a trial on the merits. 3 We review a district court's finding of negligence under the clearly erroneous standard. Exxon Co. v. Sofex Co., 54 F.3d 570 , 576 (9th Cir.1995). This standard…